Punjab Village Common Lands (Regulation) Act, 1961, Section 2, 7, Limitation Act, 1963, Section 5 -- Ejectment order - Appeal against - Dismissal in default - On application for restoration of appeal, matter remanded which is pending disposal for the last 25 years - Petitioner prayed that appeal be decided on merit after condoning delay - Delay condoned in view of..........
Civil Procedure Code, 1908, Section 151 -- Enlargement of time to deposit suit costs - Stay of decree granted on condition of depositing suit costs which were not deposited within stipulated time - There was no default clause - D.H. was at liberty to execute the decree when costs not deposited - Time limit for depositing costs is not governed by any provision of Code -..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Earlier suit filed for injunction dismissed in default - Subsequently, plaintiff came to know about partition suit, which emerged among defendants and passing of preliminary decree and final decree thereunder - After dismissal of previous injunction suit, attempts made by defendants to intermeddle into..........
Motor Vehicles Act, 1988, Section 140 -- 'No fault liability' - Principle of - In a claim petition u/s 140 of the Act it need not to be pleaded and established that such accident occurred due to any wrongful act/neglect or default on the part of the owner of motor vehicle or any other person - It is enough to prima facie establish that the accident arose out of the use of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Cheque amount Rs.50, 000/- - Accused sentenced and convicted to 8 months SI - In revision accused ready to deposit the amount - Request allowed - In the matter of dishonour o cheque, compensatory aspect remedy shall be given preference than the punitive aspect..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction and sentence - Compensation - Default sentence in case of failure to pay compensation amount - Held, a sentence of imprisonment can be granted for default in payment of compensation awarded under S.357(3) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Conviction and sentence - Compensation - Default in payment of compensation - Default sentence - Held, it is imperative for the Courts to look at the ability and the capacity of the accused to pay the compensation amount otherwise the very purpose of..........
Limitation Act, 1963, Section 5 -- Condonation of delay in filing application for restoration of appeal dismissed in default - Counsel for applicant inadvertently could not mark the case in the cause list and thus could not appear when the appeal listed for hearing which was dismissed in default - Held, these kind of errors/slips are not extra ordinary happenings so as to..........
Criminal Procedure Code, 1973, Section 256 -- Non-appearance of complainant - Dismissal in default - Held, two constraints are imposed upon Court for exercising powers u/s 256 Cr.P.C. - Firstly, if Court thinks it proper to adjourn hearing then Magistrate shall not acquit accused - Secondly, when Magistrate considers that personal attendance of complainant is not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint dismissed in default for non appearance of complainant, when complaint was fixed for summoning of accused - If presence of complainant on that day was quite unnecessary then resorting to the step of axing down the complaint may not be proper -..........
