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Showing posts with label dismissed in default. Show all posts
Showing posts with label dismissed in default. Show all posts
Tuesday, 25 June 2024

What is the duty of motor accident claim tribunal if claimant is not coming before it for prosecuting his case?

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   Taking into consideration the reasons given hereinabove, the learned Tribunal has failed to take into consideration the benevolent object...
Sunday, 25 October 2020

Questions and answers in law part 12

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Q.1 What is limitation for filing suit for eviction against tenant on ground of subletting? Ans:- After hearing both the learned Counsel, a...
Sunday, 15 September 2019

Whether defendant can file cross objection if suit against it is dismissed in default?

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We find that the High Court has failed to draw the distinction between the decree and a finding on an issue. It is the decree against...
Saturday, 14 September 2019

Supreme Court: Decree Against Plaintiff By Default Bars Fresh Suit On Same Cause Of Action By Successor In Title

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  After hearing learned counsel for the parties, it is apparent from the order of dismissal of the prior suit that it was dismissed under...
Sunday, 29 July 2018

Whether appeal is maintainable if miscellaneous application is dismissed in default?

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The statutory provision of Order XLIII Rule 1(c) and 1(d) Code of Civil Procedure uses the words "rejecting an application". Wh...
Friday, 2 March 2018

Whether oral application is maintainable for restoration of matter dismissed in default?

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Having regard to the number of applications, which are filed, we reiterate the observations of this Court in Shamdasani's case and hol...
Sunday, 25 February 2018

Whether dismissal of earlier eviction petition in default would operate as res judicata to subsequent eviction petition?

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In Hariender Kaur Vs. Sharan Gurdev Singh MANU/PH/0323/2008 : 2008 (2) PLR 478, it was also similarly held that the principles regulating ...
Sunday, 21 January 2018

Whether appeal is maintainable if application is dismissed in default?

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The statutory provision of Order XLIII Rule 1(c) and 1(d) Code of Civil Procedure uses the words "rejecting an application". When...
Sunday, 24 December 2017

Whether criminal appeal can be dismissed in default?

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It is seen that the learned Judge has dismissed the appeal for default. It means the conviction and sentence are confirmed without a hear...
Saturday, 13 May 2017

Whether motor accident claim petition can be dismissed in default after framing of issues?

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The subject-matter of dispute is no more res integra. A Division Bench of this Court, speaking through Justice Dipak Mishra (as he then w...
Tuesday, 25 April 2017

Whether application for compensation under motor vehicles Act can be dismissed in default?

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The sole question that hinges for consideration is whether an application for compensation under Section 166 of the Motor Vehicles Act...
Saturday, 25 February 2017

Whether reference made to labour court can be dismissed in default?

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 Settlement of industrial dispute being the main object behind the  Industrial Disputes Act , 1947, the provisions as extracted above would...

Whether land acquisition reference can be dismissed in dafault?

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On the point as to what should be the form of award and the duty of the court when the claimant is absent or if present fails to adduce ev...
Saturday, 12 November 2016

Whether court can decide appeal on merit if appellant remains absent?

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The Legislature, therefore, in its wisdom, felt that it should clarify the position beyond doubt. Consequently, Explanation to sub-rule (1...
Sunday, 25 September 2016

Whether application for compensation under motor vehicles Act can be dismissed in default?

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 The Act and the Rules framed there under also do not empower the Claims Tribunal to dispose an application merely for default of the appl...
Saturday, 18 June 2016

Whether criminal appeal can be dismissed in default?

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It is seen that the learned Judge has dismissed the appeal for default. It means the conviction and sentence are confirmed without a hearin...
Friday, 29 April 2016

Whether appeal filed by convict can be dismissed in default?

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 In the case of Bani Singh (supra), the larger bench of the Hon’ble Apex Court in the year 1996, has held that even in absence of convict...
Thursday, 25 February 2016

When complaint for dishonour of cheque should not be dismissed in default?

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In the present case, the complainant was not warned nor any peremptory order was passed. For failing to pay process fee the complainan...
Friday, 29 January 2016

Whether second complaint under Consumer Protection Act is maintainable when first complaint was dismissed for default for non prosecution?

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Our attention has been drawn to a decision of this Court in New India Assurance Co. Ltd. Vs. R. Srinivasan [(2000) 3 SCC 242] wherein t...
Sunday, 11 October 2015

Whether proceeding for grant of maintenance U/S 125 of crpc which is dismissed in default can be restored?

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A Division Bench of Punjab and Haryana High Court, in "Smt. Kamla Devi and Ors. v. Mehma Singh" MANU/PH/0646/1989, held that Ma...