Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13 -- Execution of ex-parte money decree - Defendant moved application U.O.9.R.13 CPC which was dismissed - Contemporaneously, defendant also filed application U.O.21.R.26 CPC seeking stay of execution proceedings - Execution proceedings ordered to be stayed subject to defendant..........
Airlines -- Air service - Flight cancelled beyond control of the appellant/OP - It could not be alleged if there was any default, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which was required to be maintained by the appellants - The appellants have taken the plea that prior intimation was given to the passengers including to..........
Redemption of Mortgages (Punjab) Act, 1913, Section 4, 6, 12, Civil Procedure Code, 1908, Order 34, Rule 7 -- Application for redemption filed before Collector - Dismissed in default - Application for restoration also dismissed - Civil suit for redemption filed after one year of the date of order of Collector - Held, application for redemption was dismissed by Collector in..........
Civil Procedure Code, 1908, Section 47, 151, 149, Order 21, Rule 32 -- Execution - Decree for specific performance - Direction to execute sale deed within two months after deposit of sale consideration - However, no time was fixed for deposit of the balance sale price - Default clause not stipulated in the decree - Held, as there was no time period fixed for deposit of the..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Dismissed in default - Fresh application can be filed if same is not barred by limitation...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint dismissed for default - Complainant remained absent on numerous occasions - Complainant seeking adjournments on one ground or the other without leading evidence - On the day of dismissal of complaint, complainant sought exemption from appearance but disallowed and complaint dismissed - Held,..........
Indian Penal Code, 1860, Section 409, 467 -- Conviction u/ss 409/467 IPC - No exception can be taken to the findings returned by both the Courts below - Conviction maintained - Accused already undergone 5 months and 23 days of the actual sentence and while on bail during the pendency of revision did not make misuse of the same - Sentence reduced to already undergone while..........
Civil Procedure Code, 1908, Order 9, Rule 9, 8 -- O.9.R.9 CPC precludes a second suit in respect of the same cause of action where the first suit is dismissed for default of appearance of the plaintiff...........
Civil Procedure Code, 1908, Order 9, Rule 9, 8 -- Earlier suit dismissed in default U.O.9.R.8 CPC - Second suit on same cause of action but changing valuation of relief of declaration - Plea that earlier suit was dismissed by Trial Court committing an error in dismissing the suit U.O.9.R.8 CPC as such plaintiff is entitled to bring a fresh suit - Held, plea sans substance..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed within time but same was returned with certain directions - Charge sheet not resubmitted within ninety days - Held, proviso to S.167(2) Cr.P.C. is not attracted...........
