Showing : 41-50 of 301 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 148, 452, 325-- Suspension of sentence during pendency of appeal - Accused convicted and sentenced for R.I. for 1 year and to pay fine of Rs.1000/- and in default of payment to further undergo R.I. for 1 month - Retirement of accused is due on 31.03.2017 - Accused is only bread earner in family and his services..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Restoration of complaint dismissed for default - Magistrate has no power to restore complaint, as there is no specific provision in Cr.P.C. for restoration of complaint - Impugned order of restoration of complaint set aside...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 37, Limitation Act, 1963, Section 5-- Recovery suit - Restoration of suit - Dismissed in default - Condonation of delay - There is no gross negligence or lack of bona fides on the part of plaintiff - Plaintiff's claim for recovery of Rs.3,94,754 against defendant warrants adjudication - Order dismissing suit set aside...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 8-- Dismissal in default - Suit can be dismissed in default when plaintiff is not ready to serve the purpose or has not taken steps to serve the purpose for which case is posted, though plaintiff or his counsel is physically present - When plaintiff is present, but not ready or willing to give..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 28-- Rescission of contract - Non-payment of balance sale consideration within prescribed period - Time for deposit of balance amount is already extended - Pursuant to such extension amount already deposited - Suit of plaintiff was decreed and defendants were directed to execute and register the sale..........
ORISSA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 256, 300-- Complaint dismissed in default - Second complaint on the same allegation - Not maintainable - Remedy available is to prefer an appeal...........
DELHI HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Cruelty - Complaint by wife u/s 12 of Protection of Women from Domestic Violence Act by making serious allegations against husband - Dismissal in default - A party cannot be permitted to walk away by subsequently allowing the proceedings to be dismissed in default, or for want of prosecution - No..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 106-- Scope - O.21.R.106 CPC provides remedy in case applications U.O.21.Rr.97, 99 CPC were dismissed in default and Court ordered for execution of decree U.O.21.R.23 CPC - It does not provide remedy for recalling the order dismissing execution application of DH in default - Appropriate remedy is to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 19-- Restoration of appeal - Appeal dismissed in default - Application filed within 30 days - Lower Appellate Court ought not to have dismissed appeal in utter haste on the very first day, rather, it could have issued notice to the party, since as per remand order appeal was to be decided within a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Article 122-- Restoration of suit dismissed in default - Limitation to file application for restoration of suit dismissed in default is 30 days - Application filed after two years - Petitioner not able to establish sufficient cause for his non appearance on date when suit was dismissed in default - Order..........

Showing : 41-50 of 301 Results