Showing : 151-160 of 285 Results

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 402-- Criminal revision - Dismissed in default or for non prosecution - Order can be recalled...........
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...........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Suit dismissed in default and restored - Written statement filed within 30 days of date of restoration of suit - Written statement must be accepted since time between dismissal and restoration of suit has to be excluded...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint dismissed in default - Applicability of S.256 Cr.P.C. - Held, provision of S.256 Cr.P.C. is applicable to complaint filed u/s 138 NI Act - Magistrate is required to apply its mind whether it would be fair and proper to adjourn the matter - In this case provision of..........
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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Complaint on similar allegations dismissed in default - FIR as well as further proceedings are nothing but misuse of the process of the Court - FIR quashed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 256, 482-- Dismissal in default - Complaint filed u/ss 77, 78, 79 of Trade Mark and Merchandise Marks Act, 1958 dismissed on account of non appearance of counsel on date fixed - Non appearance due to mistake of clerk of counsel in noting down the date - Default occurred for the first time - Non appearance..........

Showing : 151-160 of 285 Results