Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Dismissal of suit on account of default should fall in the category of exceptions - Courts are expected to decide the litigation after examining evidence led by parties on merits...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application for restoration was filed within 15-16 days - Dispute in question relates to immovable property - Plaintiff is resident of UK and in such circumstances, it is difficult for him to supervise progress of litigation on each and every date of hearing - Suit restored...........
Criminal Procedure Code, 1973, Section 356, 401 -- Complaint - Dismissal in default - When said order is challenged in a revision then persons who are arraigned as accused in the complaint have a right to be heard in such a revision petition...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Reduction of sentence - Incident is of the year 2002 - Accused has differently abled son - Life imprisonment awarded to accused reduced to period already undergone by him which is 10 years and nine months approximately - However, accused will pay a fine of Rs.10,000 and in default whereof he will..........
Criminal Procedure Code, 1973, Section 389(1), 439(2) -- Suspension of sentence during pendency of appeal - Cancellation - For default of Advocate appointed by accused, appellate Court cannot penalize accused by proceeding to cancel his bail only on the ground that his advocate has sought adjournment and that also without giving an opportunity of being heard to him on the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance petition - Cannot be dismissed for default - Maintenance petition is not a complaint falling within purview of S.2(d) of the Code - Under the Code, only complaints can be dismissed u/s 256 Cr.P.C...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Reduction of sentence - Accused is 50 years of age now - Appeal against conviction is pending since the year 2009 - Ends of justice would be met if sentence imposed against accused is reduced to 7 years while maintaining the fine and default sentence should be of S.I...........
Indian Penal Code, 1860, Section 498A, 306, 34 -- Offence u/ss 498-A, 306, 34 IPC - Reduction of sentence - Accused are now aged about 66 and 61 years respectively - They have already spent one year, one month and 27 days in prison - Accused do not have any past history of criminal record - Sentence reduced to period already undergone by them with fine of Rs.5,000 each and..........
Indian Penal Code, 1860, Section 376 -- Rape of five years old girl - Quantum of sentence - Accused was 22 years of age - He has undergone the sentence imposed by High Court - Sentence of R.I of 14 years will be appropriate and while he undergoes remaining sentence, he shall not be entitled to remission - Default sentence as imposed by trial Court is maintained...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-filing of application for condonation of delay - Preliminary decree in partition suit passed by trial Court was affirmed upto High Court - Merely on technicalities one should not be made to suffer the rights adjudicated upto level of High Court on the ground of delay or non-filing..........
