Punjab Agricultural Produce Markets Act, Section 46, 23 -- Circular No. 106 dated 10.5.1995 issued by Punjab Mandi Board fixing composition fee equivalent of five times of normal market fee and Market Committees required to charge fee from licensees who commit default in payment of market fee-Does not fall within parameters of Section 46-Board exceeded its authority by..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit dismissed for default - Restoration - Condonation of delay - Both Bank and its Advocate must share blame for delay - Bank must make proper arrangement to pursue its litigations - Delay condoned and suit restored subject to condition that Bank has no claim for interest for period from date of dismissal of suit to date of..........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 9 -- Earlier suit dismissed for default - Bar of second suit - It is to be established that the cause of action of the present suit was the same which was the subject matter of suit which was dismissed in default - It is incumbent to produce on record the copies of the pleadings i.e. the plaint, written statement and..........
Negotiable Instruments Act, 1881, Section 138 -- Complaint - Dismissed in default and accused acquitted - Restoration application also dismissed - Order is legal as Magistrate has no power to order the restoration of complaint - Such order cannot be set aside under S.482 Cr.P.C...........
Consumer Protection Act, 1986, Section 2 -- H.P. State Consumer Protection Rules, Rule 11 - Complaint - Dismissed in default - Whether the complaint dismissed by the Distt. Forum in default can be restored - Held - Yes - Distt. Forum exercise quasi judicial powers and have the trapping of Civil Court, have inherent powers to recall the order of dismissal in default if..........
Civil Procedure Code, 1908, Order 21, Rule 12-A -- Decree for specific performance - Balance consideration amount to be deposited within the prescribed period - Court declines to impose any condition in the event of default - Executing Court has the power to enlarge the time for depositing the decretal amount. (Specific Relief Act, 1963, S.28(2), (3)...........
Consumer Protection Act, 1986, Section 13 -- Haryana Consumer Protection Rules, 1988, Rule 4 - Complaint - Dismissal in default - Res judicata - District Forum exercising its jurisdiction by dismissing a complaint in default - Effect of order cannot be nullified by filing a fresh complaint on same cause of action simply because limitation has not expired...........
Consumer Protection Act, 1986, Section 2(1)(g), 21 -- Deficiency in servicer - Negotiation of loan - Opposite party agreeing to provide working capital - Non-completion of project in time - Cost overrun increase requirement of capital - Default in payment of instalments - Notice issued recalling outstanding amount - Opposite party taking over unit as it suspected removal..........
Civil Procedure Code, 1908, Order 22, Rule 2, Civil Procedure Code, 1908, Order 9, Rule 4 -- One out of two plaintiffs already dead on date of filing suit - Co-plaintiff played fraud upon Court - Suit dismissed for default - Restoration application dismissed - Held, LR's cannot be impleaded when the suit has already become final...........
Consumer Protection Act, 1986, Section 2(1)(g), 17 -- Post Office Act, Section 6 - Money order - Delay of 9 months in delivery - Interest awarded by District Forum - Department rightly held liable for default of delay in payment...........
