Default - Year 1962 - Judgments

Aug 10 1962 (HC)

Bhavani Amma and ors. Vs. Narayana Acharya and ors.

Court: Karnataka

Decided on: Aug-10-1962

Reported in: AIR1963Kant120

..... the persons liable to pay the maintenance if construed otherwise a defaulting party will be placed at an advantage so as to earn ..... accepted a right and a benefit could accrue to a defaulting party by committing deliberate default it is wellknown rule of equity that relief will ..... lasa din v mt gulab kunwar reported in construed that a default clause in a mortgage deed is intended for the benefit of .....

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Feb 14 1962 (HC)

Juggi Lal Kamla Pat Vs. Ram Janki Gupta and anr.

Court: Allahabad

Decided on: Feb-14-1962

Reported in: AIR1962All407

..... that he had no instructions the suit was accordingly dismissed for default of the plaintiff 4 the plaintiff then moved an application for ..... that he acted mala fide in getting the suit dismissed for default it was contended that the allegations made by the plaintiff ..... discretion exercised by the court below in dismissing the suits for default of appearance should not be interfered with as the plaintiff .....

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Jul 31 1962 (HC)

Haridas Mundra Vs. National and Grindlays Bank Ltd.

Court: Kolkata

Decided on: Jul-31-1962

Reported in: AIR1963Cal132,67CWN58

..... on the plaintiff demanding payment of its dues and stating in default of payment on or before february 18 1960 the pledged shares ..... defines the pawnee s rights where the pawnor makes default section 177 gives the defaulting pawnor a right to redeem the pawn at any ..... of the debt and take back the goods and stating that in default of compliance with the requisition within two weeks the pawnee would .....

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Jul 24 1962 (HC)

Padmacharan Mohanty and anr. Vs. Moti Dei and ors.

Court: Orissa

Decided on: Jul-24-1962

Reported in: AIR1963Ori88

..... heard before the summer vacation the trial court dismissed it for default 5 it is in the above circumstances that these three ..... point in substance is that the suit having been dismissed for default on november 3 1956 it was finally concluded and court hadno ..... a dead man orders and rules applicable only to a mere defaulter in such circumstances quite apart from section 151 civil procedure code any court .....

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Sep 12 1962 (SC)

Parmanand and ors. Vs. Ganpatrao and ors.

Court: Supreme Court of India

Decided on: Sep-12-1962

Reported in: 1963MHLJ278(SC); [1963]Supp(1)SCR28

..... fact that a lesser amount may have been due from the said defaulter 9 in construing s 149 2 it is relevant to remember ..... arrear for which the property is sold with meticulous care if the defaulter s property is being sold under revenue sale and the object of ..... 143 there should be no difficulty in determining the amount which the defaulter has to deposit to avoid the revenue sale the arrear in question .....

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Sep 18 1962 (HC)

M. Andiappan Vs. Chockalingam Chettiar and ors.

Court: Chennai

Decided on: Sep-18-1962

Reported in: (1963)1MLJ302

..... were taken up on 16th february 1959 on the ground of default of appearance of the petitioner they were dismissed on 13th march ..... collector had no power to restore the application once dismissed for default and it is this question which falls to be determined in ..... or make an order of restoration of an application dismissed for default will depend upon particular terms of the statute or the rules .....

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Nov 06 1962 (HC)

Mathur Alloy Steels Pvt. Ltd. and anr. Vs. Union of India and ors.

Court: Mumbai

Decided on: Nov-06-1962

Reported in: (1993)IILLJ471Bom

..... provident funds schemes whereunder rates of damages for different periods of default has been laid down the present case is therefore liable to ..... lapse of time the petitioners were entitled to believe that the defaults on the part of the petitioner are condoned and the ..... amount to visiting the second petitioner with a penalty for the defaults committed not by him by the third and fourth respondents 3 .....

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Oct 22 1962 (HC)

Thanuvan Velayudhan Vs. Velayudhan Mudaliar Appavu Mudaliar and anr.

Court: Kerala

Decided on: Oct-22-1962

Reported in: AIR1964Ker234

..... years in a suit against a prized subscriber for arrears of defaulted subscription on the ground that the variola of the chit is ..... instalment clause suspends as it were that immediate liability if by defaulting to pay the instalments in time that suspension is removed the ..... entire amount does not immediately and automatically fall due by the default of the subscriber what the foreman gets is a right to .....

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Oct 24 1962 (HC)

K. Shanmugha Sundaram Vs. Special Deputy Tahsildar, Income-tax Collect ...

Court: Chennai

Decided on: Oct-24-1962

Reported in: [1963]49ITR9(Mad)

..... petitioner on the simple ground that he cannot be deemed to be defaulter liable to pay arrears of tax if any tax is due and ..... notice of demand section 46 enacts that when an assessee is in default in making a payment of income tax the income tax officer may ..... there are arrear of tax due and when the assessee has committed default in myitkyina trading depot v deputy tahsildar a division bench of this .....

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May 04 1962 (HC)

M. Ramanatha Pillai Vs. K.V. Annamalai Chettiar and anr.

Court: Chennai

Decided on: May-04-1962

Reported in: AIR1963Mad342; (1963)1MLJ263

..... out to be nothing but compensation to the mortgagee for the default of the mortgagor to surrender possession of the mortgaged property ..... personal covenant by the mortgagor to pay the mortgage money and default takes place in giving possession of the mortgaged property there ..... of the mortgage money in instalments and providing that on default of payment of any one instalment the entire mortgage money .....

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