Showing : 31-40 of 73 Results

GUJARAT HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 115-- Gujarat Motor Vehicles Rules 1989, R. 3 - Power of Court - Suit dismissed under rule 3 - Revision thereagainst - Maintainability - Held, under rule 3, even if, neither party appears when suit is called for hearing, it is not compulsory for Court to dismiss suit - In the event of dismissal of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Eviction suit on grounds of bonafide necessity dismissed in default - Application for restoration of suit also dismissed in default - Held, cause of eviction on ground of bonafide necessity being recurring, provision of O.9.R.9 CPC has no applicability - Landlord can file fresh suit for eviction..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Himachal Pradesh Urban Rent Control Act, 1987, Section 18-- Eviction suit on grounds of bonafide necessity dismissed in default - Application for restoration of suit also dismissed in default - Held, cause of eviction on ground of bonafide necessity being recurring, provision of O.9.R.9 CPC has no applicability - Landlord can file fresh suit for eviction..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Punjab State Election Commission Act, 1994, Punjab Nagar Palika Election Rules, 1994, Punjab & Haryana High Court Rules & Orders, Volume I, Chapter 14 Part E, Rule 11 - Election petition - Dismissal in default - Application for restoration not signed by the appellant but by the Advocate - Held, it..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Dismissal in default - Restoration - Application for restoration filed almost 16 months after suit was dismissed in default on the ground that counsel told them that he would inform them whenever their presence would be required, but counsel did not inform them and plaintiffs shifted from place..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2010
Details
Constitution of India, 1950, Article 227-- Supervisory jurisdiction - Exercise of - Suit was got dismissed in default intentionally and restoration application was filed after intentional delay of almost 16 months - No ground for restoration of suit was made out - Held, both courts below have dealt with matter in correct perspective and..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Limitation Act, 1963, Section 5-- Condonation of delay in filing application for restoration of appeal dismissed in default - Counsel for applicant inadvertently could not mark the case in the cause list and thus could not appear when the appeal listed for hearing which was dismissed in default - Held, these kind of errors/slips..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5-- Restoration of suit dismissed in default - Delay of five years - Condonation - It is a long period which has to be explained sufficiently - There has to be some cogent and valid reason - In such matters approach of Court should be justice oriented and liberal view should be taken but it does not..........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13-- Execution of ex-parte money decree - Defendant moved application U.O.9.R.13 CPC which was dismissed - Contemporaneously, defendant also filed application U.O.21.R.26 CPC seeking stay of execution proceedings - Execution proceedings ordered to be stayed subject to defendant furnishing bank..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Redemption of Mortgages (Punjab) Act, 1913, Section 4, 6, 12, Civil Procedure Code, 1908, Order 34, Rule 7-- Application for redemption filed before Collector - Dismissed in default - Application for restoration also dismissed - Civil suit for redemption filed after one year of the date of order of Collector - Held, application for redemption was dismissed by Collector in default - It was not decided on..........

Showing : 31-40 of 73 Results