Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Civil Procedure, 1908 - 0. 9 - Dismissal of appeal by Government Department for non-prosecution - Reason for non-appearance stated to be not being aware of transfer of the appeal to new High Court created after reorganisation of State- The Department also denying its liability to discharge the award in view of transfer of liability to the Department concerned of the new State - Held : Since the reason for non-appearance was justified and the case involved important questions of Jaw, appeal liable to be restored. Award passed by Motor Accident Claims Tribunal, against a State Government Department, was challenged in appeal. The appeal was dismissed for non-prosecution. Application for restoration of the order was rejected. ~ Hence the present appeals.Appellant contended that it was not able to appear in the matter because the case was transferred to the High Court of new State created after re-organization of the erstwhile State. Appellant has also denied its liability to discharge the award as the liability for the same shifted to the Department concerned, of the newly created State. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 397 |
Petitioner | U.p. Jal Nigam, Lucknow |
Respondent | Manju Goel & Ors. |
SCR | [2009] 4 S.C.R. 1059 |
Judgement Date | 2009-03-24 |
Case Number | 1821-1822 |
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