#non-prosecution

Karnataka High Court ruled that a divorce petition dismissed for non-prosecution must be restored if the petitioner's absence was due to a genuine medical emergency, such as paralysis. The court held that procedural dismissals cannot override the right to be heard under natural justice, especially when supported by medical evidence.

ITAT Pune condones 300-day delay in filing appeal due to husband's violent attack and lack of digital literacy, affirming that substantial justice overrides technical defaults.

Chhattisgarh High Court holds that dismissal of a Section 138 NI Act complaint for want of prosecution due to procedural confusion violates principles of natural justice and commercial justice.

Madras High Court rules that criminal appeals against conviction cannot be dismissed summarily for non-appearance, mandating merits-based disposal under Sections 385-386 BNSS.

ITAT Delhi condones 648-day delay in filing appeal due to non-attributable failure by assessee, emphasizing procedural fairness and substantial justice under the Income Tax Act.