Showing : 121-130 of 278 Results

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..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint dismissed in default for non appearance of complainant, when complaint was fixed for summoning of accused - If presence of complainant on that day was quite unnecessary then resorting to the step of axing down the complaint may not be proper - Impugned order set..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed in default - It is the duty of plaintiff to keep track of the suit proceedings and is required to explain for his non appearance on the date fixed and also to explain the delay...........
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..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 35-- Execution - Dismissed in default - Fresh application can be filed if same is not barred by limitation...........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint dismissed for default - Complainant remained absent on numerous occasions - Complainant seeking adjournments on one ground or the other without leading evidence - On the day of dismissal of complaint, complainant sought exemption from appearance but disallowed and..........

Showing : 121-130 of 278 Results