Showing : 121-130 of 299 Results

MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Suit dismissed in default - Subsequent suit - Trial Court, instead of framing an issue citing O.9.R.9 of CPC, cited only the plea of res-judicata - Appellate Court held that subsequent suit was barred U.O.9.R.9 of CPC - Proprietary of - Held, appellate Court, being last Court of fact, was..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 17, Rule 2-- Dismissal of suit for default - Second suit on same cause - Bar as to - Plea that suit was barred U.O.9.R.9 CPC raised in second appeal - Contention of plaintiff that suit was dismissed for non appearance of both parties - Held, question whether suit was dismissed due to default of both sides or..........
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..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Restoration of suit dismissed in default - Parties not appeared as compromise talks progressed - Suit restored by trial Court on being satisfied with the cause shown - No interference warranted...........
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Year of decision: 2010
Details
Banking service-- Vehicle loan - Insurance claim - Repudiation - On the ground that there was no insurance coverage for the tractor as on the date of accident - Bank had debited the amount of premium in the loan account of the complainant as early as December, 1995 but not sent to Insurance Company - The accident..........
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Year of decision: 2010
Details
Banking service-- Vehicle loan - Insurance claim - Repudiation - On the ground that there was no insurance coverage for the tractor as on the date of accident - Bank had debited the amount of premium in the loan account of the complainant as early as December, 1995 but not sent to Insurance Company - The accident..........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 397, 401-- Revision - Dismissal in default - Held, without giving reasons and considering merits of the revision, revision petition cannot be dismissed - Impugned order set aside - Case remanded - Revisional Court to decide the revision petition on merits...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 8(4), Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit or appeal filed U.O.1.R.8 CPC in representative capacity - Such suit cannot be abandoned, withdrawn, settled or compromised unless Court gives notice to all the persons interested - Suit filed U.O.1.R.8 CPC cannot be dismissed in default and cannot be proceeded exparte - In case..........

Showing : 121-130 of 299 Results