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...........
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...........
