Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissed in default - Complainant absent on the date fixed for appearance of accused - U/s 256 Cr.P.C., in case complainant is absent on the date fixed for appearance of accused, Magistrate has power to adjourn the hearing of case to some other..........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 17, Rule 3 -- Dismissal of suit for default - Maintainability - Suit for specific performance - There is a clear distinction between dismissal of suit for default and dismissing suit for other kinds of default - If the suit is dismissed for default then application to set aside will be filed..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Execution - Objections - Dismissal in default - Restoration - Objections remained pending for two years and on date counsel appearing on behalf of petitioner failed to appear and objections dismissed for no, prosecution - Interest of party should not suffer for misdemeanor or inaction of his counsel as petitioner is sanguine..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed for default - Suit for compensation for death of son due to collapse of building - No fault found in dismissal of application from legal perspective - However, due to non restoration of suit unfortunate mother of ill-fated son is forever denied opportunity of claiming compensation - Lower Court..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff was present in the morning session and requested to post case after lunch as his counsel was busy in some other Court - Case when called after lunch, non appeared on behalf of plaintiff - Application for restoration of suit filed within two days of dismissal of suit -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Complainant was regularly appearing before trial Court either personally or through his counsel right from date of institution of complaint, except the date on which complaint was dismissed - Trial Court has not recorded any..........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Dismissal of appeal for appellant's default - Appellant contended that lower appellate court has exceeded its jurisdiction in dismissing an appeal on merits in absence of his counsel and appellant - Appellant has not suffered on account of default or non appearing of his counsel neither court was unfair to him infact it was..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal in default - Bar of fresh suit - Cause of action in first suit is demolition of Nali and encroachment of land at the behest of Gram Sabha - Whereas cause of action in subsequent suit is construction of road without acquisition of land and payment of compensation by P.W.D - Cause of action in subsequent suit had..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal in default - Bar of subsequent suit - Held, rent petition claiming rent for subsequent period is not barred U.O.9.R.9 CPC as cause of action in both the suits is different...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Application for condonation of delay listed and dismissed on the same day for default - Certified copy of said dismissal order applied after 7 months - Application not filed even on the day when certified copy of dismissal order was supplied to petitioner - Ground of illness of one of petitioners raised for such..........
