Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Suit restored subject to payment of costs - Non payment of costs - Consequently application for restoration stood dismissed - Dismissal of restoration application was only for non payment of costs - Court could have granted extension of time for payment of cost - Suit restored subject..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Dismissal of application without considering objections raised by defendants in their application - Impugned order set aside Matter remanded with direction to decide the application afresh after dealing with objections raised by defendants...........
Constitution of India,1950, Article 226 -- Writ petition - Service - Dismissal - Charge of theft - Manner of conducting departmental enquiry was in accordance with law and award of Labour Court is unassailable, as it is based on proper appreciation of evidence - There is not even a pretence of recording a finding of any jurisdictional error or violation of natural justice..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - During pendency of proceedings there was a negotiation between complainant and accused because of this reason complainant did not tendered for cross-examination believing that dispute would be resolved - However, trial Court dismissed complaint and acquitted accused for offence punishable..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction order - Bonafide necessity - Dismissal of leave to defend application - Dispute or difference of opinion with regard to creation of fresh tenancy of another tenanted portion will be no ground for tenant not to surrender peaceful vacant possession of tenanted shop...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Application for leave to defend dismissed - Rent Controller refused to grant leave solely on the ground that landlord and his wife are above 60 years of age and unable to climb stairs - However, Rent Controller not taken into consideration available accommodation with landlord on..........
Armed service -- Dismissal - Double jeopardy - Earlier appellant was treated by Summary Court Martial, he was tried for offences u/s 63 of Army Act only and thereafter he was inflicted with penalty of reduction in rank - However, said order was not confirmed by Chief of Army staff in exercise of power u/s 164 of Army Act - Said order therefore not attained finality - In..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406 -- Anticipatory bail - Dismissal of application on ground of non-deposit of amount - Second application for anticipatory bail - Maintainability - Only allegation against petitioner is that he had not deposited the amount - Now, petitioner has deposited the amount with interest - In view of..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Plaintiff filed suit possession regarding `A' schedule property and for permanent injunction regarding `B' schedule property - Defendant filed suit for injunction with regard to `A' schedule property - Both the suits tried together and dismissed - Aggrieved by same plaintiff alone preferred an appeal and same was..........
Service -- Naval service - Misconduct - Substitution of punishment - Appellants alleged that Sailor is guilty of hitting his superior officer, therefore he is guilty of an offence u/s 45(a) of Navy Act - Commanding Officer who was on high seas with Sailor and superior officer was aware of extent of misconduct of sailor - However, none of three witnesses deposed regarding..........
