Contract Act, 1872, Section 55 -- Time the essence of the contract - A stipulation in the contract that the document has to be executed within a period fixed in the contract need not make the stipulation as to time essence of the contract - Default clause by itself also need not evidence the intention to make time essence of the contract - Can be so only if such intention..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 3, Rule 4 -- Suit dismissed in default - Restoration - Notice of application can be issued to the counsel. - The authority of the advocate of the defendant is not terminated on the dismissal of the suit - No fresh power of attorney is required to be given to the Advocate to consent the..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Suit dismissed for default - Restoration - As plaintiffs counsel had to go out of station he directed another advocate to put in appearance - That advocate could not appear on account of tooth ache - Held, there is sufficient cause for restoration of the suit - Litigant not to suffer for negligence of the lawyer...........
Civil Procedure Code, 1908, Section 151 -- Execution Petition dismissed in default - Restoration - Execution petition can be restored by exercise of inherent powers...........
Post Office Act, 1898, Section 6 -- Registered article - Delivery to wrong person by mistake - misdelivery fraudulent or by wilful act or default on the part of the concerned employees not imputed - Government is not liable..........
Civil Procedure Code, 1908, Order 9, Rule 2, 3 -- Restoration of a suit dismissal for default - Sufficient cause for absence is the consideration for restoration - Manner of acquiring knowledge that suit has been dismissed in default is not a relevant consideration...........
Criminal Procedure Code, 1973, Section 125(3) -- Imprisonment in case of default in payment of maintenance allowance can be at the most for a year only as the person entitled to maintenance is required to file an application within a period of one year from the date on which amount becomes due...........
Transfer of Property Act, 1882, Section 69(2)(a) -- Mortgage - Default in payment of interest - Power of sale - No notice is required if interest due is Rs.500/- and is unpaid for three months after becoming due...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance order - Execution - Imprisonment for default of payment can be for a maximum of 12 months...........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Restoration of suit dismissed for default - If the application is within time suit is ordinarily restores - For the negligence of a party the other party can be compensated with costs...........
