Showing : 171-180 of 263 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 9, 13, Civil Procedure Code, 1908, Section , Order 21, Rule 10-- Execution application dismissed in default - Not restored - Fresh execution application filed - Bar under O9 R9 precludes plaintiff from filing fresh suit - Provision of O9 R9 and R13 are not applicable to execution of decree when the rights of parties stands settled...........
FINANCIAL COMMISSIONER, PUNJAB
Year of decision: 2006
Details
Punjab Land Revenue Act, 1887, Section 16-- Appointment of Lambardar - Petitioner appointed by Collector - Appeal before Commissioner by respondent dismissed - Entertained review application without serving fresh notice to petitioner - Commissioner accepted review & reversed previous order - Revision filed by the petitioner dismissed by the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 41, Rule 19-- Appeal - Dismissal for default - Restoration - Application filed within 30 days - Appellant ill and failure to inform counsel - Application dismissed on the ground that if one appellant was ill other could appear - Held, it is always in the interest of justice that matter should be adjudicated on..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 144, 151-- Restitution - Construction raised in the garb of ad interim injunction - Thereafter suit dismissed for default - Removal of construction raised in the garb of ad interim injunction - Petition under section 144 is not maintainable unless there is any decree or order passed by a competent court of..........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 41, Rule 17-- Appeal - Appellant absent - Appeal cannot be decided on merits - Appeal can be dismissed in default either for want of prosecution or for default on the part of appellant...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 256-- Complaint - Dismissal of complaint in default - Magistrate has no power to review/recall such order of dismissal - However, revisional/appellate Court or High Court in exercise of its power u/s 482 Cr.P.C. can set aside such order, if complainant explains his non appearance on the particular day..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Suit for injunction dismissed for default - In such suit relief of specific performance could have been claimed but plaintiff omitted to do so - Subsequent suit for specific performance is barred...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 41, Rule 17(1)-- Appeal - Neither appellant nor his counsel present - Appeal dismissed on merits - Held, Appellate Court can adjourn the appeal or dismiss the same in default but has no jurisdiction to dismiss the same on merits - Matter remanded...........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 41, Rule 19-- Appeal - Appellant and Advocate absent - Appeal dismissed for default - When an Advocate is engaged it is not duty of appellant to remain present on the date fixed in the case - If Advocate is not present then appellant cannot be blamed for default on the part of his Advocate - Appeal restored..........
RAJASTHAN HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Restoration of suit - Case fixed for filing written statement - Nothing was to be done by plaintiff - Court should not have dismissed the suit for non prosecution as it cannot be said that there was default in strict sense for non prosecution on the part of plaintiff - Suit restored...........

Showing : 171-180 of 263 Results