Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed for default - Suit fixed for Sunday - Taken up on the next working day - Suit dismissed in default - Case when taken on next working day should have been fixed for particular date and notices should have been issued to the parties or their counsel - Absence was not intentional - Impugned order..........
Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce - Cruelty and desertion - Condonation - Means forgiveness of the matrimonial offences and the restoration of the offending spouse to the same position as he or she occupied prior to the commission of the offence...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of application - Counsel fell ill and could not appear - When respondent came to know about the fact, application for restoration was moved - Rules of procedure are hand made of justice and not to be used as technical ground for defeating the ends of justice - Order allowing application, upheld...........
Specific Relief Act, 1963, Section 6 -- Restoration of possession - In order to establish a claim u/s 6 of the Specific Relief Act, 1963 three things are required to be established - (i) that plaintiff was in possession of suit property; (ii) he has been dispossessed without consent and otherwise than in due course of law; (iii) suit for recovery of possession is filed..........
Specific Relief Act, 1963, Section 6 -- Restoration of possession - Proceedings are summary in nature - Only issue required to be decided is as to whether plaintiff was in possession at any time of six months prior to the date of filing of suit...........
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Section 62, 47 -- Person with disability deprived of his rights under the Act - Commissioner on a complaint by disabled person or anybody on his behalf or suo motu, to take up the matter with appropriate authorities for restoration of such rights...........
Constitution of India, 1950, Article 142 -- Criminal Proceedings - Quashing of - Suppression of material facts - Restoration of trial - Respondent was fully aware about fact that charges had been framed against him by trial Judge - Yet he did not bring same to notice of revisional Court hearing revision against order taking cognizance - Held, it is a clear case of..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal in default - Restoration - Wrong noting of date by counsel - Affidavit of counsel is sufficient - Counsel is not expected to place on record the copy of his case diary or the photocopy of brief - Petition restored...........
Northern India Canal and Drainage Act, 1873, Section 68 -- Water course - Restoration of - Validity - As per warabandi disputed water course AB was a sanctioned water course which had been demolished by respondent No.4 - Petitioner had no other water course for irrigating his fields - Held, water course rightly ordered to be restored by Divisional Canal Officer...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - Suit dismissed for non compliance of order to pay deficiency in Court fee - Application filed after three months - Plea that application U.O.9.R.4 is not maintainable - Held, nomenclature is not decisive - Even though separate application for condonation of delay was not filed however in the restoration..........
