Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution - Partition suit - Decree for all purposes determined the entitlement or right to possession, mesne profits and first option regarding the mode and manner of working out shares in the event of default in the sale of subject matter - Direction to file a fresh application after passing of a Final Decree is completely..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Power to strike off defence U.O.15.R.5 CPC though couched in mandatory terms, is not to be exercised mechanically - Court must consider whether there has been substantial compliance and whether default is wilful or contumacious...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Restoration of complaint dismissed in default - Matter was fixed for evidence - Nothing on record to suggest that complainant had persistently defaulted, abused process of law or exhibited any intention to abandon prosecution - In such circumstances, one..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Default in payment - Sentence - Default pertained to 66 months, total sentence of 660 days was imposed after granting benefit of set off - Sentence of ten days for each month of default cannot be said to be disproportionate - Husband himself had surrendered and admitted his liability and..........
Limitation Act, 1963, Section 136 -- Execution - Limitation - Starting point of limitation - Appeal filed against decree dismissed in default - It still gives rise to a fresh starting point of limitation for execution of decree even if such dismissal is for reason of non prosecution...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Restoration of petition filed u/s 12 of the Act dismissed in default - Magistrate possesses implied power to restore a petition filed under the Act, which was dismissed in default, as proceedings under the Act are civil in nature - S.362 Cr.P.C. cannot be a bar for exercising such power in the process of..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once charge sheet is presented before Court within statutory period, mere return of same during scrutiny for compliance of certain procedural defects cannot be construed to mean that charge sheet was not filed within time...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once a charge sheet is filed within prescribed period, right to statutory bail u/s 167(2) Cr.P.C. does not accrue...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(2) -- Cancellation of default bail - Material placed on record discloses that a huge quantity of contraband i.e., 808.18 kilograms of Ganja was seized in the case - Offence alleged is one involving commercial quantity and therefore rigours of S.37 of the NDPS Act would also be attracted while considering question of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint in default - Service of accused not yet effected - Complaint restored...........
