Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for default - Legality of - Complainant and respective parties were present but as trial court was busy with another matter, the matter could not proceed further and the matter was adjourned to 08.03.2011 - Thereafter on 08.03.2011 complainant or his learned advocate could not..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Dismissal of main appeal on merits without deciding application for additional evidence - Legality of - Held, parties have a statutory right to lead additional evidence and Ist Appellate Court has power to allow such additional evidence, inter alia, for any other substantial cause, as envisaged..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal in default - No absence of Counsel for complainant in actual - Only delay in appearance - Held, principles of natural justice require that opportunity be given to complainant to fight out his case on merits - No prejudice would be caused..........
Civil Procedure Code, 1908, Order 43, Rule 1(d), Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit dismissed for default - Restoration - Resisting of - Order of restoration was passed upon an application which was served upon Appellant - Order was passed upon payment of costs - All that the order was to allow parties to be heard on merits - Contention that delay of five..........
Civil Procedure Code, 1908, Section 115, 96, 105 -- Suit barred by limitation - Dismissal of - Revision - Maintainability - Held, dismissal of suit as barred by limitation is final as the adjudication on ground of limitation will have effect of finally disposing of suit, against which, an appeal lies u/s 96 of CPC - Deciding issue of limitation as preliminary issue and..........
Civil Procedure Code, 1908, Order 3, Rule 1, 4, Civil Procedure Code, 1908, Section , Order 47, Rule 1, Constitution of India, 1950, Article 136 -- Review petition - Order passed by High Court in second appeal - SLP against said order, dismissed as withdrawn by Supreme Court, on request of counsel, without permission or reservation or liberty for taking further action -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Dismissal for no, prosecution - Delay of 20 days condoned and leave granted to file appeal - Registry reported on second occasion that process was not filed and matter is to be posted before Bench - There was no representation when appeal is posted in defect list - Court suo..........
Civil Procedure Code, 1908, Order 9, Rule 13, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(g) -- Ex parte decree - Setting aside of - Whether an appeal against main order deciding a suit on merits is maintainable after dismissal of an application for recalling ex parte order U.O.9.R.13 CPC read with S.22(2) (g) of 1993 Act? - Held,..........
Civil Procedure Code, 1908, Section 104(2), Order 43, Rule 1(t) -- Bar u/s 104(2) - Applicability - Appeal - Dismissal for want of prosecution - Restoration application filed along with application for condonation of delay rejected - Appeal thereagainst - Held, it would be an appeal U.O.43.R.1(t) r/w S.104 of CPC and not intra court appeal or Letter Patent Appeal - Hence..........
Hindu Marriage Act, 1955, Section 13(1A)(ii), 23(1)(a), Hindu Adoptions and Maintenance Act, 1956, Section 17 -- Divorce - Petition for divorce filed by husband dismissed whereas petition for restitution of conjugal rights filed by wife decreed - Wife repeatedly made attempts to return to her matrimonial house pursuant to decree - Husband made no efforts to resume..........
