Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint dismissed in default - Accused was avoiding appearance before trial Court and on some occasions, counsel for complainant was not present - Trial Court has not exercised his discretion judicially and has wrongly rejected the complaint for want of..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 7, Rule 11 -- Dismissal of suit in default - Bar of subsequent suit - Plaintiff is bona fide purchaser of property in dispute having no knowledge of filing of earlier suit by erstwhile owner - She was not party in earlier suit which was dismissed in default - Present suit was filed for eviction..........
Clean hands -- Application to set aside appeal dismissed in default - False story set up by appellant - Court should not come in aid to such a party to allow him to reap the fruits of false and frivolous explanation to get the order of dismissal of appeal in default set aside. (Civil Procedure Code, 1908, O.41.Rr.17 & 19)..........
Criminal Procedure Code, 1973, Section 385 -- Appeal against conviction - Dismissed in default - Merely on account of non-appearance of counsel or accused before lower appellate Court/revisional Court, appeal/revision cannot be dismissed as it requires adjudication on merits...........
Civil Procedure Code, 1908, Order 41, Rule 17(1), 19 -- General Rules (Civil), 1957, R.89-A - Appeal - Dismissed in default - Appeal cannot be dismissed on merits in absence of appellant - Nothing on record to demonstrate that appellant or his counsel was present at the time of transfer of appeal or at the time of receiving appeal or at the time of hearing of appeal -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance petition - Restoration of petition dismissed in default - Family Court has power to recall and restore a proceeding u/s 125 Cr.P.C disposed of and dismissed due to non-appearance of applicant...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance petition - Restoration of petition dismissed in default - An application for maintenance is not a complaint as defined in S.2(d) Cr.P.C. - Bar contained in S.362 Cr.P.C. is not attracted - Proceedings u/s 125 Cr.P.C. dismissed for non appearance can be restored...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Stage of case is for recording of plea - Presence of complainant is not necessary and recording plea is by Court - Magistrate ought not to have dismissed complaint for non-appearance of complainant - Amount of cheque is..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application for restoration of suit was filed after delay of 1100 days - No document on record to show that plaintiff was not having proper health to appear and defend his case on the relevant date as alleged by him - No sufficient reasons to explain either past delay or future delay..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Correction of error in restoration application for restoration of appeal dismissed in default - Court below committed error by rejecting said application for correction on the ground that said application was not maintainable rather application should have been filed under provisions of O.22.R.4 and O.6.R.17 CPC - Impugned..........
