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National Consumer Disputes Redressal Commission Allows Second Appeal Subject to Cost in Consumer Complaint Restoration Case — Delay Condoned and Complaint Restored on Payment of Rs. 10,000. Consumer Protection Act, 2019 — Condonation of delay and restoration of complaint dismissed for non-prosecution.

The case involves a second appeal before the National Consumer Disputes Redressal Commission (NCDRC) against an order of the State Consumer Disputes R...

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Bombay High Court Allows Appeal in Property Suit, Sets Aside Order Rejecting Plaint for Non-Prosecution. Court holds that dismissal of suit for default under Order IX Rule 8 CPC is not permissible when the plaintiff's counsel is absent but the defendant is present and ready to proceed.

The appellant, Prabhudayal Pande, filed a First Appeal against an order dated 14.8.2014 passed by the 8th Joint Civil Judge (Sr.Dn.), Nagpur, in Speci...

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High Court of Bombay at Goa Upholds Dismissal of Appeal for Non-Prosecution in Property Suit — First Appellate Court Competent to Decide Condonation Application Ex-Parte When Appellants Absent.

The case involves a second appeal filed by the original defendants (appellants) against an order dated 06/01/2009 passed by the District Judge-2, Marg...

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Bombay High Court Dismisses Revision Against Dismissal of Complaint for Non-Prosecution Under Section 138 Negotiable Instruments Act. Magistrate's Order of Acquittal Under Section 256 CrPC Upheld as Complainant Failed to Secure Accused's Presence Despite Five Years of Opportunity.

The applicant, Agasti Sarv Seva Sangh, filed a criminal complaint against the respondent, Bandu Morsing Pawar, alleging offences under Section 138 of ...

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Bombay High Court Dismisses Tenant's Second Appeal for Non-Prosecution in Rent Eviction Case. Concurrent Findings of Fact on Arrears and Valid Notice Under Section 106 of Transfer of Property Act, 1882 Upheld.

The present second appeal was preferred by the defendant-tenant against the judgment and order dated 31.7.1998 passed by the learned Joint District Ju...

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Bombay High Court Dismisses State Appeal Against Acquittal in Cruelty Case Due to Non-Prosecution. Acquittal of accused under Sections 498-A, 323, 504 read with 34 IPC upheld as complainant failed to appear and State could not show perversity.

The State of Maharashtra filed an appeal against the acquittal of Mustaq Ismail Memon and others (respondents-accused) who were tried for offences und...

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Bombay High Court Allows Appeal in Recovery Suit Due to Non-Prosecution and Lack of Evidence — Original Plaintiff Failed to Prove Loan Transaction, Decree Set Aside.

The appeal arises from a judgment and order of the Civil Judge, Senior Division, Bicholim, decreeing a suit for recovery of Rs. 60,000 with interest a...

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Bombay High Court Allows Appeal Against Dismissal of Suit for Non-Prosecution Due to Prior Waiver of Service. The Court held that the Trial Court erred in dismissing the suit when the defendant corporation had already been directed to waive service by a prior order dated 31st March 2001.

The appellants, M/s. Ratnagiri Hotels Pvt. Ltd. and others, filed a suit (L.C. Suit No.1736 of 2001) against the Municipal Corporation of Greater Bomb...

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Bombay High Court Dismisses Petition Challenging Allotment of Fair Price Shop Due to Non-Prosecution. Minister's order allotting shop to another society upheld as petitioner failed to appear.

The petitioner, Sadichha Mahila Mandal, filed a writ petition challenging an order dated September 15, 1997 passed by the Minister for Food & Civil Su...