Civil Procedure Code, 1908, Order 9, Rule 8, Civil Procedure Code, 1908, Order 17, Rule 2 -- Dismissal in default - In absence of plaintiff and his counsel, and in absence of any evidence by parties, Court ought to have dismissed suit in default U.O.9.R.8 CPC with reference to O.17.R.2 CPC and not on merits...........
Haryana Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1973, Section 8 -- Default in repayment of loan - Recovery of - Held, order passed by prescribed authority is deemed to be a decree of Civil Court and would be executable in same manner as a decree of such Court...........
Haryana Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1973, Section 8A, 8(i), 3(5) -- Default in repayment of loan - Recovery loan with interest - Contention that merely because account has become NPA and interest is not debited to statement of account as due and payable, recovery proceedings under the Act cannot take place qua amount of interest..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Essential conditions - Accused is required to fulfill at least two conditions : (i) he must be prepared to furnish bail; (ii) he must furnish requisite bail as ordered by Magistrate - An accused can be released on bail u/s.167(2) only when both the conditions are fulfilled - In present case, one of the..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Grant of - Held, accused has a right to be released on bail as soon as prescribed period of 90 days or 60 days as the case may be expires - But to get benefit of said provision an application for grant of bail is required to be filed by accused - If no such application is filed and in meanwhile charge-sheet is..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Default in payment - Punishment - Held, for every breach of order, Magistrate is empowered to issue a warrant provided application is made within one year from date on which amount became due - If amount is remaining unpaid after execution of warrant, Magistrate is empowered to sentence defaulter to imprisonment..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed in default - Non appearance of Advocate due to strike by Bar - Held, strike by Bar is not itself a sufficient ground for restoration of suit dismissed in default, nevertheless law is equally well settled that a party cannot be made to suffer due to fault of his Advocate - Suit restored to its..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Normally when the suit reaches the stage of rebuttal evidence or arguments, it should not be dismissed in default - Even, if it has been dismissed in default, the same should be restored when plaintiff files application by holding that plaintiff could not afford to intentionally..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - False plea of payment of entire rent - Effect - Held, when tenant's plea of payment of entire rent was found to be false, Rent Controller was not under any obligation to grant him an opportunity to make up deficiency of arrears of rent - Deposit of arrears of rent during pendency of appeal..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Petitioner failed to appear before Appellate Court as learned counsel for petitioner had mistakenly noted wrong date - Held, for the fault of counsel or mere technicalities, the substantive relief should not be declined specifically when the petitioner has taken measures for..........
