Negotiable Instruments Act, 1881, Section 138 -- Dismissal for default - Default in appearance of complaint was primarily on account of wrong noting of date - Complaint restored to its original number...........
Lawyer's strike -- Revision - Dismissal for default - Once a revision is admitted for consideration, it cannot be dismissed for default - If the parties do not appear to participate, then it is the duty of the revisional Court to peruse the record, examine the points canvassed in the revision, analyse the fact and law and the legal lacuna, if any, and to dispose of the..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Bar of subsequent suit - Previous suit dismissed for default and no restoration application filed - Second suit is barred...........
Consumer Protection Act, 1986, Section 15 -- Dismissal in default - Appeal - Complaint dismissed as unsubstantiated as complaint who was granted adjournment for producing evidence did not do that - Application moved for restoration of complaint under the impression that the complaint dismissed for default raising plea for non appearance by the counsel that he was under the..........
Negotiable Instruments Act, 1881, Section 138 -- Dismissal in default - Magistrate cannot restore complaint as he becomes functus officio after passing the dismissal order - High Court can restore the complaint in exercise of its power u/s 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 203, 482 -- Complaint - Dismissal for default - Court becomes functus officio and Magistrate has no jurisdiction to recall his order - Restoration of complaint can be ordered by High Court - In view of fact that second complaint of offence of dishonour of cheque is not possible on..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d), Post Office Act, 1898, Section 6 -- Postal service - Deficiency in service - Compensation - Delay of 9 days in delivery of letter - The act of the OPs not only found falling within the term `wilful act' but also `default' - Plea of protection of appellant OP under Section 6 of the Post Office Act repelled -..........
Negotiable Instruments Act, 1881, Section 138 -- Dismissal for default - Restoration - Complainant could not appear because he was not informed of the date by his counsel - Order of dismissal set aside - As the complainant had engaged a counsel and was pursing the complaint bona fide as such he cannot be punished for inaction or omission of Advocate - Courts are to look..........
Criminal trial -- Compliant - Dismissal in default - Restoration - Plea that complainant was observing `shraddha', religious rituals on account of which she could not attend the Court - 8 years elapsed in the meantime - Accused was alleged to have encroached on municipal land adjoining land of complainant and started construction in manner to cause danger and Municipal..........
Criminal Procedure Code, 1973, Section 203, 300 -- Second complaint - - First complaint dismissed for default - Second complaint on the same facts - Maintainable...........
