Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Indefeasible right of an accused to seek statutory bail u/s 167(2) Cr.P.C. arises only if charge sheet is not filed before expiry of statutory period - Accused cannot demand release on default bail on the ground that cognizance has not been taken before the expiry of 60 days...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Dismissal of suit in default for the third time - Utter laxity in pursing the litigation manifest - In such circumstances, it is not open to casually blame Advocate and seek restoration of suit which has not progressed even a step further i.e to the stage of trial - Restoration application rightly..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - While dealing with petition u/s 11 of the Act, Court by default would refer the matter when contentions relating to non-arbitrability are plainly arguable - In such case, issue of non-arbitrability is left open to be decided by Arbitral Tribunal - In the instant case issues of non..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Indian Penal Code, 1860, Section 323 -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act and S.323 IPC - Allegation that accused caught hold of complainant and pulled her by holding her hair and also caused injury on cheeks of complainant - Complainant was taken to hospital and..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 20 -- Order of release - Set aside by appellate Court - Bonafide need and default in rent - New plea cannot be permitted to be raised for the first time at the writ stage u/art 227 of Constitution since no such specific plea was taken by tenant in documents which were filed by him..........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant for cross-examination - Ample opportunities were provided to accused to cross-examine witness which has not been encashed by him - However, default made by a party and whereby creating inconvenience to opposite party can be cured and compensated by way of imposing cost upon erring party - One more..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused arrested on 5.11.2018 and he remains in custody till today - Charge sheet was submitted by I.O after about one year from date of arrest of accused - Even though accused is entitled to grant of statutory bail as provided u/s 167 Cr.P.C on account of default of submitting charge sheet within prescribed..........
Consumer Protection Act, 1986, Section 2(1)(g), 24A -- Allotment of house - Cancellation - Delay in challenging cancellation - Cancellation of allotment took place in 2000 - No challenge made to such cancellation of allotment - Cause of action became barred by time much prior to policy decision in 2009 - Even otherwise, policy decision would not revive registration of..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Claimants would be entitled to file a consolidated application for recovery of previous 12 months dues - Consolidated application shall be treated as 12 individual claims for recovery of monthly allowances of previous 12 months...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Where defaulter repeatedly breaches order of maintenance u/s 125 Cr.P.C, Court would be acting well within its jurisdiction by issuing separate warrants for recovery of each months dues and sentence the defaulter to separate terms of imprisonment of upto one month each for every months..........
