Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Complainant was present in Court but she being hard of hearing, could not present herself before Court when case was called, as a result complaint was dismissed for no, prosecution - However, immediately next day..........
Criminal Procedure Code, 1973, Section 456 -- Restoration of possession - No separate order directing restoration of possession required, when such order has already been passed while convicting the accused persons...........
Criminal Procedure Code, 1973, Section 456(2) -- Restoration of possession - Period of limitation - No period of limitation has been provided for higher Courts to make order for restoration of possession u/s 456(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 456 -- Restoration of possession - Limitation period of 30 days - Applies only if trial Court has not passed any order in respect of the case property while convicting the accused...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Plea that counsel is out of station - Not a good ground to seek adjournment - Appeal dismissed for no, prosecution and under no circumstances application for restoration shall be entertained...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - First appeal is a valuable right of appellant and therefore, appellant was entitled for an opportunity to prosecute their appeal on merits - If appellant's advocate did not appear, Court could impose some cost on them for restoration of their appeal to compensate appellant instead..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 19 -- Condonation of delay - Delay of 176 days in filing application for restoration of appeal dismissed in default - Delay of 176 days cannot be said to be an inordinate delay, more so when matter relates to first appeal - Appellants having lost before trial Court ought to have fair and reasonable..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff was present in almost all hearings before trial Court which indicates that he was genuinely pursuing the matter - Application for restoration of suit filed within period of limitation - Plaintiff having filed the suit for declaration and injunction ought to be given an..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Restoration of complaint dismissed in default - - Case was listed for service of accused and on that particular day personal presence of complainant was not necessary, particularly when he engaged counsel to represent him - Complainant continued himself to be..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction of High Court - Relief of restoration of possession of flat - Pure questions of fact - Could be answered one way or the other only by Civil Court in a properly constituted civil suit and on the basis of evidence adduced by the parties and not in the Writ Petition filed under Article 226 of the Constitution by..........
