Civil Procedure Code, 1908, Section 2(2) -- Decree - Definition - Consists of three parts - Main, inclusionary and exclusionary part - Main part is explanatory in nature and defines `decree' as formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy - Inclusionary part expressly..........
Foreign Exchange Management Act, 1999, Section 9, 49, Foreign Exchange Regulation Act, 1973, Section 52, General Clauses Act, 1897, Section 6 -- Appeal - Limitation - Dismissal of appeal filed u/s.19(1) of FEMA by Tribunal, by applying first proviso to S.52(2) of FERA by holding that it had no power to condone delay - In instant case cause of action arose when FERA was in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction and sentence - Appeal - Complainant died during pendency of appeal - Dismissal of appeal - Validity - Held, opportunity ought to be given to petitioner/accused to implead LRs of complainant and to put forth their case before appellate Court - Case remanded to first appellate Court for..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Dismissal of criminal appeal for default - Challenge as to - Since appellant and his advocate were absent at the time of final hearing of criminal appeal, non bailable warrant was issued against the appellant/accused with notice to his surety - Appellate Court shall have taken necessary step to secure presence of..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration - When appeal is restored it is restored to its original number and to the same status to which appellant was enjoying on the date of dismissal in default...........
Civil Procedure Code, 1908, Order 9, Rule 8, Limitation Act, 1963, Section 5 -- Appeal dismissed in default - Application for restoration of appeal filed after about 2 years, which was dismissed - Petitioner an illiterate villager, who was never informed by his counsel about dismissal of appeal in default - Held, petitioner cannot be made to suffer due to inaction on the..........
Punjab Land Revenue Rules, 1909 -- Appointment of Lambardar - Petitioner, a matriculate, and aged 35 years appointed Lambardar in preference to respondent against whom Criminal proceedings were pending - A private complaint also pending against petitioner - Order of Collector set aside in appeal by Commissioner and in revision by F.C. on ground that District Magistrate..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Conviction - Appeal - Pending disposal of appeal, petitioner filed application u/s. 391 of Cr.P.C. stating that he has paid entire amount to respondent/complainant and want to produce documentary evidence in support thereof - Dismissal of - Validity - On an..........
Civil Procedure Code, 1908, Section 100, Limitation Act, 1963, Section 5 -- Condonation of delay - Dismissal of appeal as time barred consequential to dismissal of application for condonation of delay - Not a decree - Second appeal against such dismissal of appeal does not lie...........
Civil Procedure Code, 1908, Section 151 -- Dismissal of appeal as withdrawn - Recalling of order - Application filed after about three years of dismissal of appeal as withdrawn, after decree was satisfied and possession was also delivered to respondent-decree holder on the plea that appeal got dismissed as withdrawn by counsel was without knowledge and instructions of..........
