Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Article 122 -- Restoration of suit - Dismissal of application in default - Limitation - Period of limitation starts from `date of order' and not from `date of knowledge'...........
Civil Procedure Code, 1908, Section 148, Order 9, Rule 8, 9 -- Suit - Dismissal for default - Restoration of - Plaintiff directed to pay all costs and produce evidence by next date otherwise suit would stand dismissed - On next date, adjournment sought by plaintiff on the ground of no, availability of counsel - Prayer for adjournment rejected and suit dismissed -..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration - When appeal is restored it is restored to its original number and to the same status to which appellant was enjoying on the date of dismissal in default...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for default - Setting aside of - Imposition of costs - Petitioner has been following up complaint right from the year 2003 i.e. from about 7 years - Held, impugned order liable to be set aside - Complaint is restored to its original number subject to payment of Rs.10,000/- as costs..........
Civil Procedure Code, 1908, Order 9, Rule 8, Limitation Act, 1963, Section 5 -- Appeal dismissed in default - Application for restoration of appeal filed after about 2 years, which was dismissed - Petitioner an illiterate villager, who was never informed by his counsel about dismissal of appeal in default - Held, petitioner cannot be made to suffer due to inaction on the..........
Civil Procedure Code, 1908, Section 115 -- Gujarat Motor Vehicles Rules 1989, R. 3 - Power of Court - Suit dismissed under rule 3 - Revision thereagainst - Maintainability - Held, under rule 3, even if, neither party appears when suit is called for hearing, it is not compulsory for Court to dismiss suit - In the event of dismissal of suit, it is open to plaintiff to apply..........
Civil Procedure Code, 1908, Section 35 -- Costs - Waiver of - Plaintiff failed to file reply to IA - Delay caused in filing reply was not attributable to plaintiff as suit which was dismissed in default was restored after 4 months - Held, cost of Rs.50,000/- imposed by trial Court waived...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21(c) -- Accused convicted and sentenced to 10 years RI and to pay a fine of Rs.1 lakh and in default of payment of fine to further undergo RI for two years - Accused already undergone substantive sentence of 10 years awarded to him and is in jail due to non-payment of fine - Held, term of imprisonment in..........
Haryana Co-operative Societies Act, 1984, Section 102(1), 128(1)(c) -- Defendant granted membership of plaintiff society and was advanced loan as member of society - Documents set up by plaintiff society depict that defendant was granted loan as member of society - Defendant having committed default in repayment of loan, plaintiff society brought recovery suit - Held,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Purchase of vehicle by taking loan - Default in payment of loan amount - Vehicle seized - One of the partners of the firm gave a loan to repay the loan amount of the company and that accused issued a cheque to discharge his legal liability - No sane person would advance loan to a person who has already..........
