Army Act, 1950, Section 34(c), 65 -- Dismissal from service - Order of sentence - Charge of exhibiting cowardice by abandoning post - Task assigned to group of officers was to cordon the area and prevent militants from breaking through - However, on being attacked by militants appellant abandoned his post and jumped over wall to escape from spot - He had not retaliated..........
Civil Procedure Code, 1908, Order 9, Rule 3, 4, Hindu Marriage Act, 1955, Section 13(1), Family Courts Act, 1984, Section 7(1)(g) -- Suit for divorce - Dismissal in default - Application for restoration - Parallel proceeding of child custody still pending, judgment is not pronounced therefore bonafide belief of petitioner cannot be unnoticed - Parties must be given a fair..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal in default - Power of Court - Court has power to set aside dismissal and shall appoint a day for proceeding with the suit the moment Court satisfies about sufficient cause shown by plaintiff...........
Motor Vehicles Act, 1988, Section 166, Limitation Act, 1963, Section 5 -- Accident - Claim petition - Condonation of delay of 66 days - Dismissal of petition for delay in filing - Claimants stating that there was no responsible person to take action against award of Tribunal as they were widow and minor children of deceased - Also Tribunal passed award without examination..........
Indian Penal Code, 1860, Section 435, 436, 452, 427, 379, 149, 506, Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Dismissal of application - As per complainant, village mob was approaching his house and set fire to house, vehicle, etc. - Application u/s.319 Cr.P.C. filed for summoning persons as additional accused whose name was..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellant stage - Dismissal of appeal without deciding application U.O.41.R.27 CPC is not proper - Judgment and decree of first Appellate Court set aside - Matter remitted back to Appellate Court for decision afresh...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Rule 2 -- Eviction order - Execution proceedings - Application U.O.21.R.2 CPC - Dismissal of application - Courts below rightly stated that objections have been filed with a malafide intention only with a view to delay execution proceedings - Application rightly dismissed...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Dismissal of complaint on technical ground - Non filing of rejoinder and evidence despite last opportunity - Ground for rejection of complaint is technical and in disregard to the requirements of substantial justice - Order dismissing complaint is to detract from the true purpose for which NCDRC has been..........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Appeal against exparte decree - Dismissal of application to set aside exparte decree - Not a bar to file appeal against exparte decree...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Dismissal of application to set aside exparte decree - Condonation of delay in filing appeal against exparte decree - Time spent in pursuing application U.O.9.R.13 CPC is to be taken as `sufficient cause' for condoning delay in filing first appeal...........
