Telephone -- Bill-Non payment-Other telephone in the name of the subscriber in the same premises or elsewhere cannot be disconnected-Telephone in respect of which there is default of payment can only be disconnected. (Indian Telegraph Rules, 1951, R.443)...........
Telephone -- In the nme of partnership firm - Default in payment-Telephone connection of partners in their individual capacity can be disconnected for default committed by the partnership firm. (Telegraph Act 1885, S.7 & Telegraph Rules, 1951, R.443)...........
Civil Procedure Code, 1908, Order 9, Rule 3 -- Restoration of case dismissed for default - Should not ordinarily be denied unless the party is found guilty of contumacious negligence of wilfull default...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance petition - Earlier wife filed suit for injunction against husband seeking to restrain him entering into second marriage and the same dismissed for default - Factum of marriage was an issue - Application u/s.125 Cr.P.C. is held not barred - O.9R.9 CPC has no application...........
Civil Procedure Code, 1908, Order 9, Rule 2 -- Process fee paid late - Suit dismissed in default under Order 9 Rule 2 - Held, one more opportunity should have been given to do the needful...........
Criminal Procedure Code, 1973, Section 125(3) -- Proviso - Arrears of maintenance - Recovery - Application filed within one year of order of maintenance - Application dismissed for default - Second application for recovery of maintenance filed within one year of dismissal for default of first application - Second application also dismissed for default - Third application..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58, 106, Civil Procedure Code, 1908, Order 9 -- Objection Petition U.O.21.R.58 dismissed for default - Restoration - The express provision contained in Rule 106 of Order 21 excludes the operation of order 9 & S.151 - Aggrieved party whose application under order 21 rule 58 has been dismissed for default or against..........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 58 -- Constructive res judicata - Objection petition under order 21 rule 58 dismissed for default - Not final decision of the Court after hearing the parties - Does not operate as constructive res judicata against the subsequent application filed under order 21 rule 58 on identical grounds...........
Criminal Procedure Code, 1973, Section 125(4), 125(5), Civil Procedure Code, 1908, Section 11 -- Maintenance to wife granted - objections by husband u/s.25(4) and a separate petition u/s.125(5) Cr.P.C. - both the objections dismissed on the ground that an earlier suit filed by husband for dissolution of marriage on ground that wife was living in adultery was dismissed for..........
Civil Procedure Code, 1908, Order 41, Rule 22(4) -- Cross objections - Appeal withdrawn or dismissed for default - Does not render cross objections incompetent - cross objections have to be decided...........
