Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Restoration of complaint dismissed in default - Matter was fixed for evidence - Nothing on record to suggest that complainant had persistently defaulted, abused process of law or exhibited any intention to abandon prosecution - In such circumstances, one..........
Limitation Act, 1963, Section 136 -- Execution - Limitation - Starting point of limitation - Appeal filed against decree dismissed in default - It still gives rise to a fresh starting point of limitation for execution of decree even if such dismissal is for reason of non prosecution...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Restoration of petition filed u/s 12 of the Act dismissed in default - Magistrate possesses implied power to restore a petition filed under the Act, which was dismissed in default, as proceedings under the Act are civil in nature - S.362 Cr.P.C. cannot be a bar for exercising such power in the process of..........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Restoration of suit dismissed in default - Non revealing of source of information regarding dismissal of suit - A litigant who does not state exact date of knowledge and source of knowledge regarding passing of an order, and in cases where there is no other material found from record to arrive at a conclusion regarding..........
Civil Procedure Code, 1908, Order 9, Rule 8, 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Plaintiff is not disclosing his source of information and date of knowledge about impugned order from whom he found that suit is dismissed for default - Therefore, Court can draw an inference that plaintiffs had knowledge..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - Held, having regard to submissions advanced at bar and in the interest of justice, order dismissing complaint set aside - Complaint restored...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Dismissed in default - Condonation of delay - Eviction suit - Delay in question cannot be held to be fatal or prolonged - There was a slight delay, which has been satisfactorily explained by plaintiffs - Important questions of law and facts are involved in the suit and..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 425 -- (Criminal Procedure Code, 1973, S.384) - Appeal against conviction - Dismissed in default - Appeal cannot be dismissed in default on account of absence of counsel for accused and same can be decided only on merits...........
Criminal Procedure Code, 1973, Section 362 -- Review/recall of order - Where any petition is dismissed in default, that cannot be termed as judgment - Application for restoration or recall of order is maintainable against such order dismissing petition and prohibition of S.362 Cr.P.C. do not apply...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Application U.O.12.R.6 CPC dismissed for default - Subsequent application filed U.O.12.R.6 CPC is not maintainable...........
