Topic
A dismissal of a complaint for procedural default does not extinguish the power to treat a subsequent petition under CrPC s.156(3) as a new FIR, even when the facts are identical. This safeguards complainants by ensuring procedural lapses cannot shield alleged offences.
The Kerala High Court has ruled that dismissing a suit for default due to incomplete service of notice denies parties their right to be heard, violating the foundational principle of natural justice. Courts must afford plaintiffs a reasonable opportunity to effect proper service before terminating proceedings, safeguarding access to justice in civil disputes.
Kerala State Consumer Commission rules that Section 38(3)(c) of the 2019 Act mandates adjudication on merits, even for complaints filed under the 1986 Act, overriding default dismissal provisions. The decision ensures procedural fairness for consumers, preventing dismissal for non-appearance without merit-based consideration.
Kerala High Court dismisses writ petition for default due to petitioner's counsel reporting no instructions, reinforcing procedural compliance in civil litigation.
The Kerala High Court holds that once a criminal appeal is admitted, it must be decided on merit; dismissal for default violates procedural fairness and statutory duty.