Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - Complainant pursuing his case for 7 years and remained absent on three consecutive dates due to medical ailment - There was no reason to disbelieve certificate issued by doctor merely because it was issued by dentist - Complainant is a senior citizen who..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Dismissed in default in absence of counsel for appellant/accused - First Appellate Court supposed to hear the matter on merits and could have put up the matter for some other day or still if counsel was not appearing to argue the appeal then counsel from Legal Aid Services should have to be provided..........
Rajasthan Rent Control Act, 2001, Section 9(a) -- Eviction petition - Default in payment of rent - Notice reveals that though landlord claimed that rent of premises for a period of more than 4 months is due but neither actual period of rent nor the amount of rent due was specified in notice issued - Thus, while serving notice the amount due towards arrears of rent which..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1514 days in filing application for restoration of suit dismissed in default - Plaintiff pleaded that suit dismissed for default as he was in coma - However, plaintiff completely failed to produce any evidence with respect to his assertion that he was in coma, which prevented him from filing application for..........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Cross-appeals - Clubbing of appeals - When in cross appeals one of appellants does not appear, appellate Court has to segregate two appeals and deal with appeals U.O.41.R.17(1) or O.41.R.17(2) CPC - In the event appeal is dismissed for default U.O.41.R.17(1) CPC, appellant will have remedy U.O.41.R.19 CPC - If other appeal..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Application for restoration filed after about seven months - Such delay cannot be said to be inordinate delay - In case delay is not that inordinate and other party can be monetarily compensated, then Court rather than following..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Article 122 -- Restoration of suit dismissed in default - Statutory period for filing restoration application is the date of order and not knowledge of order - Condonation of delay is not permissible in absence of an application - No permission can be granted to an aggrieved party for filing an application..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - `No instructions' - Counsel not intimating plaintiff - Court also did not issue fresh notice to plaintiff - Factum of reporting no instructions without informing plaintiff by counsel of plaintiff constitutes sufficient cause within meaning of O.9.R.9 CPC - Suit restored...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Earlier adjournments granted in appeal, ought not to be taken into account by Court while considering whether or not to set aside order dismissing default passed by it, because only cause for absence on that day is required to be gone into...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - There is no requirement of law that appellants in appeal should be present when appeal is taken up for hearing because having engaged a counsel who has to argue the appeal, appellants need not be physically present in Court - View of Court below that appellants should have..........
