Showing : 181-190 of 278 Results

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...........
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Year of decision: 2004
Details
EPABX system-- Deficiency in service - There was hire-purchase agreement between Petitioner/OP and respondent complainant - There has been a default in the payments of the instalments by the respondent - Respondent/complainant failed to show that the said EPABX system was defective during the warranty period -..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Limitation Act, 1963, Article 136-- Execution - Limitation - 12 years - Computation - Period during which D.H. was restrained from executing decree to be excluded - When such suit is dismissed for default and the suit is restored then all interlocutory orders passed therein also revive - The period of pendency of suit till it was..........
BOMBAY HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of O.2.R.2 CPC - It is the foundation of the previous suit as well as the present suit which is to be seen as to whether it is one and the same - Mere comparison of the reliefs or variance in few allegations here or there has no relevance - Earlier suit for injunction dismissed for default -..........
UTTARANCHAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION, DEHRADUN
Year of decision: 2003
Details
Second Complaint-- First complaint dismissed in default and not on merits - Filing of second complaint not barred - If judgments has been given on merits then the only remedy is of appeal...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- Complaint - Dismissed in default - Complaint restored on the ground that it was still at the initial stage of summoning the accused - No illegality...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 47, Order 9, Rule 9-- Execution application - Dismissed in default - Second application for execution without getting the first application restored is maintainable...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 8, Civil Procedure Code, 1908, Order 9, Rule 9-- Attachment - Appellant purchased the property and applied for raising of attachment - Application dismissed for default - Property put to sale in auction - Application U.O.21.R.58 filed in execution - Inquiry provided U.O.38.R.8 is to be conducted like a trial in a regular suit and an order passed..........

Showing : 181-190 of 278 Results