Civil Procedure Code, 1908, Section 151 -- Restoration of possession - Malice in law - Trial Court passed temporary injunction order restraining State from disturbing peaceful possession of plaintiff over suit property but the same was set aside in appeal - State took undue advantage of Appellate order and barricaded suit property and also prepared certificate of..........
Government Contract -- Breach of dealership agreement - Termination of dealership - Single Judge upheld the respondent's termination letter of dealership and considered it proper to grant liberty to respondent to file a representation to appellant for consideration of his case for restoration of his dealership - Appellant rejected the respondent' representation - Single..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 1 -- Restoration/revival of execution petition - Execution petition dismissed for no, prosecution - Application u/s 151 CPC filed for taking up previous file - Evidence available on file establishes that first execution petition was restored - Application for restoration/revival of execution petition cannot be treated..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint in default - Restoration - Complaint dismissed for want of prosecution only for single default - Justice demands its restoration and decision on merit - Impugned order set aside - Complaint restored...........
Civil Procedure Code, 1908, Section 151 -- Restoration application - Stamp proceedings - Proceedings heard in absence of petitioner - Petitioner had not put in appearance and only by presuming service of notice Additional Collector proceeded with the matter - Even recall application filed by petitioner dismissed without giving any finding regarding notice specially when..........
Hindu Law -- Joint Family property or exclusive property of plaintiff - Suit for restoration of possession, mesne profits and permanent injunction - House in question allotted in the name of sister of plaintiff and after her marriage said allotment changed in the name of plaintiff - Entire family was residing in the house in question right from the beginning - Plaintiff..........
Criminal Procedure Code, 1973, Section 457 -- Application u/s 457 Cr.P.C - Dismissed in default - Restoration application - Maintainability - Application for restoration of earlier application by recalling order by Magistrate is not permissible under law - However, petitioner is not remediless, he has two remedies firstly to approach High Court or Session Court and..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Condonation of delay - Delay of 1085 days - Suit for permanent injunction and mandatory injunction - Petition was returned for some rectification - But due to bundle was misplaced in Advocate`s office there was a delay of 1085 days occurred in..........
Civil Procedure Code, 1908, Order 15, Rule 1, Specific Relief Act, 1963, Section 6 -- Disposal of suit on first hearing - Suit for restoration of possession u/s 6 of S.R Act - Suit property not disputed to be rented out to plaintiff - Defendants admitted that they locked suit premises without taking recourse under law available to them - Suit was preferred within 6 months..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Restoration of restoration application dismissed in default - Decree holder should not have contested the application and could have given statement for restoration of the same subject to any terms and conditions - Application filed U.O.9.R.13 CPC ordered to be restored and two effective opportunities afforded to conclude..........
