Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application filed beyond prescribed time of 30 days - In absence of condonation of delay application order passed U.O.9.R.9 CPC either dismissing it or allowing it renders the order non-est...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit dismissed in default - Mother of counsel for the plaintiff passed away due to illness and he also met with an accident and therefore he was unable to attend Court proceedings - Lenient approach should be adopted taking into submissions made by parties - One more opportunity is thus, granted to..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Dismissal of suit in default for the third time - Utter laxity in pursing the litigation manifest - In such circumstances, it is not open to casually blame Advocate and seek restoration of suit which has not progressed even a step further i.e to the stage of trial - Restoration application rightly..........
Specific Relief Act, 1963, Section 39, Constitution of India, 1950, Article 226, 21 -- Suit for mandatory injunction for restoration of electricity connection - Suit dismissed on the ground of availability of an alternative remedy - Does not debar plaintiff from filing a petition under Art.226 of Constitution of India as electricity is one of the Fundamental Rights for..........
Consumer Protection Act, 1986, Section 2(1)(g), 24A -- Allotment of house - Cancellation - Delay in challenging cancellation - Cancellation of allotment took place in 2000 - No challenge made to such cancellation of allotment - Cause of action became barred by time much prior to policy decision in 2009 - Even otherwise, policy decision would not revive registration of..........
Delhi Rent Control Act, 1958, Section 45, Wakf Act, 1995, Section 83, 85 -- Restoration of electricity supply to property - Admittedly, property in question is a wakf property and is undisputed that petition u/s 45 of the Act was filed in April 2017, after coming into effect amendments carried out in Waqf Act in 2013 - Even if petitioner claims to be a tenant, though such..........
Mines and Minerals (Regulation and Development) Act, 1957, Section 21(5), Rajasthan Minor Mineral Concession Rules, 2017, Rule 5(4) -- Illegal sand mining - Polluter pays principle - Compensation or penalty to be paid by those indulging in illegal sand mining cannot be restricted to value of illegally-mined minerals but shall also include cost of restoration of environment..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Divorce case - Husband absent from Court despite giving last opportunity to him, inspite of cost had been imposed, he has not even paid the cost - He stated that he was unable to attend proceedings in divorce suit because his mother has fallen ill - However, no medical certificate was..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 17, 19 -- Restoration of appeal dismissed in default - Appellant was not present on the date when case was called, therefore appellate Court dismissed the appeal - However, in a case on a particular fixed date of hearing, if appellant or his counsel do not appear then also Court committed error in dismissing the case..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Condonation of acts of cruelty - For constituting condonation, there must be forgiveness and restoration, it is obvious that bilateral acts of both parties will be required to be taken into account while considering aspect of condonation...........
