Showing : 11-20 of 37 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Not filed within stipulated time due to negligence of counsel - Counsel changed - One opportunity to file written statement granted subject to payment of Rs.10, 000/- as costs...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Wrong noting of date of hearing by counsel - Sufficient ground for setting aside ex parte proceedings, if no mala fide is attributable to the party - Plaintiff can be compensated by way of costs for late decision of suit due to negligence of counsel...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Correction in the date of sale deed - Sought at the stage of arguments - Suit for possession - Sale deed alleged to be the result of fraud - Plea by defendant in written statement that correct date of sale is not mentioned - Plaintiff kept mum for more than 6 years - It is a..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 303, Constitution of India, 1950, Article 21, 22(1)-- Criminal appeal - Absence of counsel - Even in a case where counsel for accused does not appear either because of Counsel's negligence or deliberately, Court should not decide criminal case against the accused in he absence of his Counsel - In that event Court should appoint another counsel as..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 9-- Delay - Condonation - Sufficient cause - To be construed liberally so as to advance substantial justice, when the delay is not on account any dilatory tactics, want of bona fides, deliberate inaction or negligence on the part of the appellant; (ii) In considering the reasons for condonation of..........
DELHI HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Suit dismissed in default - Restoration - Sufficient cause - Suit dismissed in default at the stage of final arguments - Negligence of counsel - Parties cannot be deprived of their legal rights - It is expedient that the matter is decided on merits, rather it goes in default as substantial rights..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Abatement - Setting aside - Principles governing - (i) The words 'sufficient cause for not making the application within the period of limitation' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Dismissal in default - Date wrongly noted by counsel - A party should not suffer because of negligence of his counsel - It would be too harsh on the petitioner to non suit him merely for his non appearance on one date - Complaint restored to its original number...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Dismissal in default - A party should not suffer because of the negligence on the part of his counsel - Order of dismissal set aside...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Extension of time - Can be granted only in exceptional cases and for reasons to be recorded in writing - Extension of time cannot be granted when extension is sought due to laxity or gross negligence on the part of defendant or his counsel - Court may impose costs to deter the..........

Showing : 11-20 of 37 Results