Showing : 151-160 of 301 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Earlier suit for permanent injunction filed - Suit dismissed in default - Again a suit for permanent injunction filed which was got dismissed as withdrawn - By that time, cause of action to file suit for specific performance has not arisen - Held, suit is not barred by O.2.R.2 CPC...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 249, Indian Penal Code, 1860, Section 498A, 506, 34-- Dismissal of complaint u/s 498-A, 506 & 34 IPC in default - Complaint restored by Sessions Judge in exercise of its revisional jurisdiction - It is not an order recalled by the same Court which dismissed it - Order upheld...........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 8, Rule 6-A-- Counter claim - Nothing on record to show that counter claim was admitted and that defendant pressed the same in the trial Court - In case counter claim is not decided alongwith suit then same is deemed to be pending and cannot be made a ground for setting aside judgment and decree passed in the..........
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..........
DELHI HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complainant - Dismissal in default - Complaint was dismissed in default on 25.05.2004 - Appellant had inspected record on 24.05.2004 and had come to know that case was listed on 25.05.2004 yet he did not care to appear on that day and accordingly complaint was dismissed -..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 41, Rule 19-- Appeal - Dismissal in default - Appeal transferred to Uttaranchal High Court as there was reorganisation of State of U.P. - Non appeared in the transferee Court being unaware of such transfer - Appeal dismissed in default - Matters deserves to be heard on merit - Order of dismissal set aside...........
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..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 41, Rule 17-- Appeal - Once admitted and placed for hearing on merits the same can be dismissed in default but cannot be decided on merits in absence of appellant or his counsel...........
DELHI HIGH COURT
Year of decision: 2008
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed in default - Delay - Can be condoned on the basis of averments made in the restoration application if the ground seeking setting aside exparte decree and condonation is one and the same...........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 401-- Criminal revision - Criminal revision cannot be dismissed in default or for non prosecution and it has to be decided on merit...........

Showing : 151-160 of 301 Results