Negotiable Instruments Act, 1881, Section 138, 142(b) -- Proviso - Dishonour of cheque - Delay in filing complaint - Issue of limitation raised for the first time in appeal - Appellate Court did not commit any error in setting aside the judgment and directing complainant to file necessary application to condone delay in the trial Court...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Defendants failed to assign any good reason for non-appearance on relevant date despite service - It cannot be said that defendants were unaware of ex parte proceedings against them till filing of application - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Proviso - Ex parte decree - Setting aside - Court shall not set aside decree passed ex parte merely on the ground that there is an irregularity in service of summons, if it is satisfied that defendant had notice of date of hearing and had sufficient time to appear and answer the plaintiff's claim...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Process server tendered summons to wife of defendant, as defendant was not present in the house, but she refused to accept the same upon which he affixed copy of summons on the house - There was no dispute regarding identification of house - House of defendant was well known, happened to be..........
Civil Procedure Code, 1908, Order 9, Rule 9, Hindu Marriage Act, 1955, Section 9 -- Restoration of restoration application - Delay in filing application - Application dismissed as no condonation of delay application filed - Provision of O.9.R.9 CPC is a benevolent provision, which provides for a remedy to persons, who are prevented by sufficient cause from appearing in..........
Service -- Back wages - Petitioner claiming back wages for period subsequent to order of reinstatement when he remained out of employment in view of order of stay granted by appellate Court - On dismissal of appeal of management and stay being vacated, order of setting aside termination and ordering reinstatement came to be confirmed - Therefore, as a natural consequence,..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Limitation - Condonation of delay - S.34(3) Proviso of the Act states that Court may condone delay of a period up to thirty days in filing objections if it is satisfied that applicant is prevented by sufficient cause from making an application u/s 34(1) of the Act...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Limitation - Condonation of delay - Application for setting award was made on 28 Mar 2014 accompanied by an application for condonation of delay of eight days - Court therefore, had power to condone eight days delay, which is less than thirty days in terms of S.34(3) Proviso of the Act -..........
Civil Procedure Code, 1908, Order 22, Rule 3, 3A -- Compromise decree - Setting aside - Compromise recorded in a suit lawfully or unlawfully cannot be assailed by separate suit - Only forum is same Court which passed the decree based on compromise...........
Service -- Misconduct - Order of punishment set aside on the ground of Doctrine of equality - When the charges against delinquent officer are proved in departmental enquiry, merely because some other officers involved in same incident are exonerated and/or no action is taken against other officers, same cannot be a ground to set aside order of punishment against..........
