Showing : 41-50 of 91 Results

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..........
MADHYA PRADESH HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Application U.O.9.R.9 CPC dismissed in default - Restoration of restoration application - Advocate did not appear without intimating the party which resulted in dismissal - A litigant cannot be made to suffer due to the fault of his Advocate - Appellant filed his affidavit and in his oral..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 41, Rule 19-- Restoration of appeal dismissed in default - Serious illness of elder brother who died on the following day when the appeal was fixed for hearing - Also wife of appellant met with an accident due to which he was busy in attending her for almost one and half months - Held, explanation for non..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 2, Motor Vehicles Act, 1988, Section 167-- Petitioner suffered serious injuries in road accident - Claim petition filed by petitioner, dismissed in default by Tribunal on account of non-filing of process free - Restoration application filed belatedly without filing application for condonation of delay - Held, petitioner cannot be made to..........
WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLKATA
Year of decision: 2008
Details
Consumer Protection Act, 1986, Section 13 , 14-- Complaint - Dismissal for default - Restoration application - Held that it is the inherent power of the Forum to restore a petition which is dismissed for default...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Application for - Dismissed in default - Restoration of - Plea that recalling of dismissal order would amount to altercation in order as defined in S.362 and, therefore, is not permissible - Held, prohibition imposed by S.362 of the Code is to the extent of impermissibility..........

Showing : 41-50 of 91 Results