Insolvency and Bankruptcy Code, 2016, Section 9, 62 -- Barred by limitation - There existed a `pre-existing dispute' between the parties there cannot be an order of remand of the matter to the Tribunal for reconsideration of Section 9 application under IBC - When the matter was remanded for consideration of the question of limitation afresh - Thus, the dismissal of the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Dispossession during pendency of suit - Dismissal of application on the round that no document has been filed to show dispossession - Such jurisdiction is to be exercised by trial Court after recording evidence - Amendment allowed. (Paras 8 & 9 (ii) Civil Procedure Code, 1908, O.6.R.17 - Amendment of..........
Clean hands -- Application to set aside appeal dismissed in default - False story set up by appellant - Court should not come in aid to such a party to allow him to reap the fruits of false and frivolous explanation to get the order of dismissal of appeal in default set aside. (Civil Procedure Code, 1908, O.41.Rr.17 & 19)..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Matter was already at the stage of cross-examination of complainant - Necessary affidavit was produced on record - Documents were exhibited and part of cross-examination was taken - Trial Court rather than dismissing..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 201 -- Second bail application - Cheating - Accused placed on record zimini orders passed after dismissal of earlier bail application which are about 23 in number whereby trial Court repeatedly adjourned the case - Delay has been caused at the hands of prosecution - It is not a..........
Civil Procedure Code, 1908, Order 21, Rule 105 -- Execution petition - Dismissal in default - Not a bar for filing fresh execution petition provided it is within time...........
Limitation Act, 1963, Section 5, 14 -- Condonation of delay - Writ petition not entertained on the ground that appellant should approach Appellate Authority - Bona fides of appellant in filing writ petition not challenged - Appeal filed immediately after dismissal of writ petition - On exclusion of said period, appeal would be within condonable period - Delay condoned -..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction and partition - Suit dismissed by trial Court without recording evidence of plaintiff as well as defendant - Suit is in relation to immovable property and valuable rights of parties are to be decided - One opportunity to lead evidence is thus, required to be granted - Impugned order of dismissal of..........
Specific Relief Act, 1963, Section 34 -- Proviso, 42 - Suit for declaration - Plaintiff not in possession - Suit for declaration without seeking relief of possession is not maintainable - Dismissal of suit without affording an opportunity to plaintiff to amend plaint to seek consequential relief, held, not proper - Impugned judgment and decree passed by Courts below set..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After dismissal of suit - Amendment sought that boundaries of suit property could not be explained properly due to oversight - It is not pleaded that despite due diligence these facts were not mentioned in the plaint earlier or that same were not in his knowledge - It is a blatant attempt on the part of..........
