Civil Procedure Code, 1908, Order 7, Rule 3 -- Suit for immovable property - Property if not capable of being identified by merely boundaries or numbers in a record of settlement - Plaintiff ought to have filed map of suit property annexed with the plaint - If plaintiff committed error - Defendant should object promptly - Default or carelessness of parties - Trial Court..........
Criminal Procedure Code, 1973, Section 203 -- Complaint - None appearance of complainant - Dismissal in default at early hours - Court cannot be oblivious of the fact of chaotic traffic and nightmarish jams and snarling movement of vehicles as one is not sure when he will reach his destination and when will he be caught by surprise on his way to have long and winding..........
Specific Relief Act, 1963, Section 13(3)(b)(ii) -- Part performance - Part of the contract not enforceable - Decree of specific performance can be passed for the remaining part if plaintiff relinquishes his claim to the performance of the remaining part of the contract and all his rights to have compensation either for deficiency or for the loss of damage sustained by him..........
Criminal Procedure Code, 1973, Section 156 -- Complaint - Dismissal for default - Convincing reasons for absence of complainant before lower Court on the particular day - It was wrong on the part of lower Court to acquit accused for non appearance of complainant when substantial rights of parties are involved - Impugned order set aside...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5, Limitation Act, 1963, Article 137 -- Execution of order of eviction of unauthorised occupant - Warrant of possession issued in execution proceedings initiated before expiry of 3 years - Order could not be executed either for the reason that execution application dismissed in default or that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount Rs.Three lacs - Sentence of simple imprisonment of one month - Compensation of Rs.3, 10, 000 payable under S.357(3) Cr.P.C. and in default of payment of compensation further simple imprisonment of sixty days...........
Civil Procedure Code, 1908, Order 21, Rule 86 -- 25% of purchase money deposited - Failure to deposit the remainder within 15 days - Forfeiture - Default in despot stated to be due to lack of knowledge of the provision and also due to illness of mother and time consumed in treatment - After deducting the expenses of sale, one half of the remainder of the amount ordered to..........
Criminal Procedure Code, 1973, Section 256 -- Absence of complainant - Dismissal in default - Mistake in noting date of hearing - Supported by affidavit as well as file cover and case diary of counsel - There is sufficient cause which prevented the complainant and the Counsel from appearing on the date of hearing - Complaint ordered to be restored...........
Criminal Procedure Code, 1973, Section 256 -- Complaint - Dismissal for default - Dismissal at stage of recording pre-summoning evidence - Revision - As the respondent has not been served as yet as such notice of the petition need not be issued to them...........
Criminal Procedure Code, 1973, Section 256 -- Complain - Dismissal in default for non appearance of complainant - Magistrate has no power to restore the complaint...........
