Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - When the complaint under the Act is dismissed for want of prosecution at the initial stage of issuing summons, then Court concerned has authority to recall the same and bar of S.362 Cr.P.C. will not be applied...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing application for restoration of suit dismissed in default - Petitioner pleaded that she is a diabetic patient and was taking treatment from hospital - However, ailments which have been mentioned are not such which would restrain petitioner from diligently prosecuting her case - Moreover, nothing..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-appearance of counsel cannot be said to be unintentional or bonafide - Said fact is substantiated from the fact that no affidavit of counsel has been annexed with the application - It shows that plaintiff did not instruct his counsel and hence, counsel was left with..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-appearance of counsel cannot be said to be unintentional or bonafide - Said fact is substantiated from the fact that no affidavit of counsel has been annexed with the application - It shows that plaintiff did not instruct his counsel and hence, counsel was left with..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay is of only 17 days - Counsel for appellant met with an accident and he remained hospitalized for 3 days - Considering the period of 22 days for obtaining certified copy of order dismissing suit, delay of 17 days condoned - Suit restored...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Ample opportunities were given to plaintiff to lead evidence for a period of more than two years - Advocate of plaintiffs has taken more than six opportunities to file evidence during said period, but did not file it - Plaintiffs with intention to delay the Court proceedings and not..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Ample opportunities were given to plaintiff to lead evidence for a period of more than two years - Advocate of plaintiffs has taken more than six opportunities to file evidence during said period, but did not file it - Plaintiffs with intention to delay the Court proceedings and not..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for partition - Earlier suit dismissed in default - Plea of res judicata not sustainable as (i) there was no adjudication in the earlier proceedings; (ii) suit being one for partition, so long as co-ownership continues, there is no bar to maintain the present suit...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of writ petition dismissed in default - Application for restoration was filed within a period of one month which fact has been admitted by State - Said application was never considered on merits - Appellant still claims to be in possession of land under acquisition, writ petition preferred by appellant should have..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Murder - Mere non-receipt of viscera report alone would neither render the investigation incomplete nor render the Magistrate unable to take cognizance, particularly when case is based on eye witness account wherein the identity of deceased is not in dispute and furthermore, the manner in which the injuries..........
