Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay of three years - Condonation of delay - Mistake of clerk of counsel as he could not mark the case and counsel could not appear and case was dismissed for want of prosecution - Factum of dismissal came into notice of applicant on inspection of..........
Criminal Procedure Code, 1973, Section 256 -- Complaint - Dismissal in default - Setting aside - One singular default on the part of complainant on record - Sufficient cause for absence shown by complainant - Held, at least one more opportunity should have been given to complainant - Impugned order of dismissal in default set aside - Complaint restored...........
Electricity Act, 2003, Section 135(1)(b) -- Theft of electricity - Loss was assessed at Rs.54,331 - 1st appellant has already paid demanded amount of Rs.54,000/- to the electricity board - He does not have any bad antecedent - He is now aged about 65 years - Held, substantive sentence of imprisonment imposed by trial Court is set aside, instead, he is sentenced to pay a..........
Civil Procedure Code, 1908, Section 4, 7, Order 9, Rule 3, 4 - - Eviction application - Both parties absent - Dismissal of eviction application for default - Restoration of - Issuance of notice to defendant - Not necessary - Held, O.9.R.3 of CPC provides that where neither party appears, Court may dismiss suit - However in such situation it is not necessary to issue notice..........
Civil Procedure Code, 1908, Order 17, Rule 2, 3, Civil Procedure Code, 1908, Order 9 -- Absence of party on date of hearing - Procedure to be followed - Applicability of R.2 & 3 of O.17 - Held, Rr.2 & 3 provides for distinct and different sets of circumstances - U/R.2, Court is empowered to dispose of suit in any one of the modes specified U.O.9.R.2 only when any of the..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - U.O.15.R.5(2) CPC the intention of the tenant to pay the rent and other dues have to be taken into account - In the instant case, it can very safely be held that the defendant-revisionist has no intention to commit default in payment of rent, etc. - Revisionist entitled to decision of Court not to..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Banking service - Loan recovery - Availment of loan not denied by the complainant - The default in repayment is also not denied - Neither the legal notice issued on behalf of the Bank nor non - acceptance of the complainant's request to suspend the recovery against the balance of loan amount can be considered a deficiency..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Banking service - Loan recovery - Availment of loan not denied by the complainant - The default in repayment is also not denied - Neither the legal notice issued on behalf of the Bank nor non-acceptance of the complainant's request to suspend the recovery against the balance of loan amount can be considered a deficiency in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Default sentence - Reduction of - Appellant stands convicted u/s 20 of NDPS Act, 1985 and has been sentenced by High Court to undergo imprisonment for ten years and to pay a fine of Rs.1 lakh and in default of payment of fine to undergo rigorous imprisonment for a period of two years - As of today..........
Consumer Protection Act, 1986, Section 18, 21(b) -- Complaint - Dismissal in default - Restoration of complaint - Plea that the State Commission has no power to review its order - Held that since the matter was pending before the State Commission at admission stage, it rightly observed that petitioner has no locus standi to challenge the application for restoration filed..........
