Showing : 161-170 of 285 Results

RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Defendant appeared - Suit dismissed in default on the next date of hearing - Suit restored - Written statement filed within 30 days of restoration of suit - Written statement cannot be refused to be taken on record on ground that the same is not filed within 30 days of..........
KARNATAKA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed for default - Delay - Application for condonation of delay rejected on ground that there is inconsistency in evidence and that no documentary evidence was produced to substantiate the statement - Suit was at the stage of cross-examination of plaintiff - Held,..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90-- Execution - Objections - Dismissed for default - Attached property ordered to be auctioned - Application for restoration of objections filed - Application for stay of auction rejected - Property auctioned - Execution pending for consideration of application for restoration of objections and also..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Dismissal of suit U.O.9.R.8 - Restoration of suit - Restoration application also dismissed in default - Separate suit filed - Held, suit is barred U.O.9.R.9 CPC and only remedy available is to get the suit restored...........
DELHI HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Restoration of suit dismissed in default - Affidavit of counsel of petitioner that he had to rush to his village where his uncle had expired - He could not inform his client due to said emergency - Held, that it was a sufficient cause - Substantial justice has to be preferred against technical..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Dismissal of suit for non prosecution - Suit challenging conveyance deed dismissed for default - Subsequent suit filed for partition - Held, transfer deed thus remained unchallenged - Transfer deed being intact, plaintiff cannot be permitted to claim any right in the property and ask for..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Partition-- Conveyance deed challenged - Suit dismissed for default - Subsequent suit for partition filed - Held, by abandoning the challenge to the conveyance deed and by his conduct accepted its existence and validity - Conveyance deed being intact, plaintiff cannot be permitted to claim any right in the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Punjab Land Reforms Act, 1972, Section 18, Punjab Tenancy Act, 1887, Section 82(1)-- Proviso (a) & (d) - Review - Order passed by Collector declaring no surplus area - State filed by appeal before Commissioner - During pendency of appeal Collector filed reference to Commissioner for review of order passed by Collector - Appeal dismissed in default - Reference accepted -..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 374, 401-- Conviction - Revision against - Non appearance of petitioner - Revision cannot be dismissed in default - It must be decided on merits...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Dismissed in default for single instance of non appearance of complainant - Complaint ordered to be restored to be decided on merits...........

Showing : 161-170 of 285 Results