Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal in default - Restoration - Order passed U.O.9.R.4 is not subject to any appeal...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal in default - Restoration - Court had already taken cognizance, summoned the accused, framed the charge and complainant filed his own affidavit - Case was fixed for cross examination of complainant and accused sought two adjournments for cross..........
Haryana Urban Development Authority Act, 1977 -- Natural justice - Quasi judicial authorities are supposed to discuss facts of the case and state reasons for raising any claim against the allottee - Reasons as to under what provision of law and how and from which date the default has been committed by allottee needs to be discussed - Non speaking order set aside and matter..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint for default - For one singular default in appearance on the part of the complainant it is not proper to dismiss the complaint - Complaint restored...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Earlier petition u/s 13 of the Act for arrears of rent was dismissed in default - Has no material bearing at all on the merits of the eviction filed u/s 13-B of the Act...........
Vehicle finance -- Repossession of vehicle for nonpayment of installments - OP Bank had gone through the proper procedure with regard to the repossession of the vehicle due to default in payment of installments - There is no deficiency on the part of OP - The complainant had failed to establish her case that the vehicle had been forcibly repossessed - Vehicle purchased for..........
Indian Penal Code, 1860, Section 420, 409 -- Cheating and criminal breach of trust - Accused company advanced loan to complainant for purchase of vehicle - Agreement of loan authorized the accused company to take possession of vehicle, if complainant made default in repayment of loan - Complainant having become defaulter, accused company sold the vehicle - Held, no offence..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Article 122 -- Application U.O.9.R.13 CPC dismissed in default - Restoration of restoration application - Such an application is not covered under Art.122 Limitation Act...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Application U.O.9.R.9 CPC dismissed in default - Restoration of restoration application - Advocate did not appear without intimating the party which resulted in dismissal - A litigant cannot be made to suffer due to the fault of his Advocate - Appellant filed his affidavit and in his oral deposition explained the reason for..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit dismissed in default - Restoration - Sufficient cause - Suit dismissed in default at the stage of final arguments - Negligence of counsel - Parties cannot be deprived of their legal rights - It is expedient that the matter is decided on merits, rather it goes in default as substantial rights of parties are involved - Suit..........
