Civil Procedure Code, 1908, Order 37, Rule 6 -- Loan - Recovery suit - Loan was granted by plaintiff bank to defendants for purchase of tractor - Defendants duped by tractor dealer - They remained completely silent when plaintiff was asking defendants to take necessary action - Defendants also withdrew their suit filed against tractor dealer or got said suit dismissed in..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed in default - All interim orders passed get revived on restoration of suit...........
Civil Procedure Code, 1908, Order 1, Rule 3B -- Impleadment of State - Failure to implead in appeal - Duty of appellate Court - State was impleaded as a party U.O.1.R.3-B of the Code before trial Court - By defect/default, appellant/plaintiff failed to implead State as a party/respondent - Held, appellate Court should have pointed out this defect and should have directed..........
Haryana Co-operative Societies Act, 1984, Section 20(d) -- Registered Co-operative Society - Held, any member/voter in default of any sum due from him to society will be not eligible to exercise his right to vote...........
Haryana Co-operative Societies Act, 1984, Section 20(d) -- Election of member of Managing Committee of Society - Member/Voter in default of any sum due from him to society not eligible to exercise his right to vote - Returning Officer exhibited tentative voter's list including names of defaulters, in spite of fact that several members/voters had not paid their dues -..........
Civil Procedure Code, 1908, Order 21, Rule 105, 106 -- Execution - Restoration - Execution petition dismissed in default can be restored U.O.21.R.106 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 105, 106 -- Execution - Restoration - Execution petition dismissed in default can be ordered to be restored - Contention that petition was dismissed and not dismissed in default - Order dismissing petition on the ground that non turned up on behalf of D.H. or J.D. - Order passed without prejudice to the right of D.H. or any other..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 8, Rule 10 -- Ex parte decree - Setting aside of - Written statement not filed - Ex-parte decree granted - Application filed U.O.9.R.13 for setting aside ex parte decree - Held, a decree passed for defendant's default in filing written statement is an ex parte decree which duly comes..........
Civil Procedure Code, 1908, Order 9, Rule 4, Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Suit dismissed in default for want of prosecution - Dismissal in default amounts to dismissal U.O.9.R.3 and not U.O.17.R.2 CPC - Proper remedy for making an application is U.O.9.R.4 CPC...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Punishment for - Principal amount of Rs.1,40,00,000/- had been paid by accused but interest which he had promised to pay by way of cheque could not be realised as cheque had bounced - It is also clear that despite the fact that complaint had been filed in the year 1996 and matter has been pending for 15..........
