Consumer Protection Act, 1986, Section 14, 24A -- Complaint - Limitation - Prior to insertion of S.24-A w.e.f. 18.6.1993 no limitation prescribed for making complaint - Provisions of Limitation Act could not be made applicable so as to dismiss complaint filed before S.24-A was inserted on ground of limitation...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 3, Rule 4(2) -- No instructions - When so reported by counsel suit not to be dismissed - There is no such provision in the CPC under which Court can dismiss the suit for want of instructions - In the event of Counsel reporting no instructions Court should give notice to the party to proceed..........
Limitation Act, 1963, Section 3 -- Limitation - Suit if barred by limitation - Court to dismiss the suit even if such question is not raised by any of the parties...........
Civil Procedure Code, 1908, Order 21, Rule 58(1) -- Objections - Dismissal in limine - Court can dismiss objections in limine where it considers that the objection or claim is designedly or unnecessarily delayed, and on that count, refuse to investigate the claim...........
Civil Procedure Code, 1908, Order 41, Rule 17(1) -- Appeal - Appellant when absent - Appellate Court has no jurisdiction to dismiss the appeal on merits - It can either adjourn the appeal or dismiss it in default so that the appellant or his counsel gets an opportunity to show that his absence or that of his counsel was for sufficient cause...........
Civil Procedure Code, 1908, Order 41, Rule 17(1) - - Non - appearance of appellant and his counsel when appeal called on for hearing - Dismissal of appeal on merits - Not permissible - Appellate Court can either adjourn the appeal or dismiss it in default so that appellant or his counsel gets opportunity to show that his absence or that of his counsel was for sufficient..........
Constitution of India, 1950, Article 226 -- Writ - If the High Court is to dismiss a writ petition on the ground of alternative remedy it would be a sound exercise of jurisdiction to refrain itself from expressing any opinion on the merits of the case which ultimately is to be taken up by a person before an alternative forum - High Court cannot express any opinion on the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Complaint - Non appearance of complainant - Dismissal of complaint - Absence of petitioner neither deliberate nor wilful - Order of Magistrate set aside - Magistrate has discretion to dismiss the complaint, but cannot exercise this power in disposal oriented spirit and disposal..........
Limitation Act, 1963, Section 3 -- Limitation - S.3 Limitation Act imposes a duty on the Court to dismiss the suits which are barred by limitation - Even if plea of limitation is not raised and the suit appears prima facie barred by limitation, then it should be dismissed...........
Practice and Procedure -- Consigning judicial case to record - Court cannot pass an order consigning a judicial case to the record - The Court can either allow the petition or dismiss it or dispose it off in some other manner or adjourn the case, but it cannot pass an order finally consigning the case to the record - If order consigning the case to the record is passed, it..........
