Civil Procedure Code, 1908, Order 22, Rule 3, 9(2), Limitation Act, 1963, Section 5 -- Impleadment of L.R's - Non substitution - Abatement of appeal - Application for impleadment filed without accompanied by an application for condonation of delay - Nearly two months later application filed U.O.22.R.9(2) r/w S.5 Limitation Act - This sequence of filings, devoid of timely..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430 -- Suspension of sentence during pendency of appeal - Appellant has served more than one year and six months out of awarded sentence - Six cases were registered against appellant and in four cases appellant was convicted or cases were disposed of - Disposal of present case will take its own time - Without expressing any..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant - Exemption from substitution of LRs - Plaintiff already filed an application for substitution of LRs of defendant - Subsequent application filed by plaintiff seeking exemption from substituting heirs of deceased defendant not required to be filed within 90 days of death - There cannot be any abatement in..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 247 days in filing second appeal - Defendant filed second appeal against judgment and decree passed by first appellate Court with a delay of 247 days - No doubt, if delay is condoned, same will cause some hardship to plaintiff - Therefore, same has to be compensated by way of imposing costs of Rs.5,000..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22 -- Petition u/ss 18 to 22 of the Act - Order passed by trial Magistrate - Appeal thereagainst - Such an order can be assailed in the manner as provided under Code of Criminal Procedure or Family Court Act, as the case may be, and not in the manner as provided under D.V. Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Dismissal in default - Order of dismissal passed on 14.9.2023 - However, as per evidence on record complainant was in custody for offences under NDPS Act and Arms Act from 20.4.2023 to 2.8.2024 - Dismissal order set aside and case remanded to trial court - Appeal allowed...........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex-parte decree - Setting aside - When an ex-parte decree is passed, defendant has two remedies: (i) Either to file an application U.O.9.R.13 CPC to set aside ex-parte decree by satisfying Court that summons was not served or if served, defendant was prevented by sufficient cause from appearing in Court when suit..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex-parte decree - Appeal - Right to appeal u/s 96(2) CPC challenging original decree passed ex-parte, being a statutory right defendant cannot be deprived of statutory right merely on the ground that he did not file any application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex-parte decree - Appeal - Petitioner was not served properly, hence, he could not appear before trial Court for submitting his case - Therefore, petitioner has made a prima facie case in his favour that he was not served with any kind of notice and so-called affixation of summons..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction and compensation - Neither there were any pleadings nor any evidence led by plaintiff regarding compensation - Plaintiff continues to remain in possession i.e there is no cause of action for claiming relief of compensation - Therefore, even if submission regarding compensation has not..........
