Civil Procedure Code, 1908, Section 151, 94, Order 39, Rule 1 -- Temporary injunction - Plaintiff obtained order of temporary injunction from being dispossessed by misrepresentation of facts - Plaintiff in garb of interim order dispossessing defendant by taking law in his own hand - Held, Court in exercise of its inherent powers can order restoration of possession to..........
Consumer Protection Act, 1986, Section 21(b) -- Electricity - Disconnection - Restoration - Quashing of bill - Deficiency in service - Contention that electricity bill which had been sent to the complainant by the Board it is printed in the bill that in case the payment of the amount was not made within a week of the last date of the payment, electricity connection will be..........
Civil Procedure Code, 1908, Order 9, Rule 9, 13 -- Restoration of restoration application - In support a medical certificate issued by a private doctor produced - Doctor not examined - To set aside exparte decree no evidence led inspite of many opportunities - Applicant even himself did not appear as a witness -Applicant did not summon any witness through Court nor did he..........
Limitation Act, 1963, Section 5 -- Application for restoration of suit - Filed beyond period of limitation - Necessary facts for condonation of delay mentioned in this application itself- Separate application for condonation of delay not filed - Held, if need of a formal application for condonation of delay is felt the Court is duty bound to grant an opportunity to file..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit dismissed for default -Restoration - An application U.O.9.R.9 is to be filed - For setting aside order of dismissal separate suit is not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Restoration application - Sufficient cause not made out for recalling order - Application dismissed - Revision against - Held, there is neither procedural error nor legal or jurisdictional error - Revision dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 3 -- Restoration of suit dismissed for default - It is not necessary to produce copy of the decree along with application for setting aside order of dismissal as no decree is contemplated to be drawn up in case of dismissal of suit for non appearance of plaintiff...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 249, Limitation Act, 1963, Section 2(h) -- Dishonour of cheque - Complaint - Dismissed for non prosecution on 21.9.1991 - On same day restoration application filed -Complaint restored - Revision against - Revision allowed by Sessions Judge -Thereafter complainant filing appeal against..........
Haryana Utilisation of Surplus and Other Areas Scheme, 1976 -- Land allotted from surplus pool-Allottee took possession of surplus land and also paid some instalments-Application after lapse of over 10 years by son of landowner on the ground that land allotted part of reserved area of landowner and wrongly treated as surplus and possession of allotted land should be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for mandatory injunction for restoration of electric connection - Occupation of plaintiff akin to trespasser - Trial Court gave interim direction for restoration - New connection obtained by plaintiff by suppressing facts against the directions of Court - Same is liable to be disconnected on proper representation to..........
