0
(in India) Matters are generally dismissed on two grounds. Dismissal of matter after considering the merits of the matter. Another type of dismissal is dismissal for want of prosecution of matter on the part of the Plaintiff. If, the matter is dismissed on merits, the course left open is to prefer an appeal, if provided under the scheme of the procedural statute. If, the matter is dismissed for want of prosecution and not on merits, such matter can be restored to file under the provisions of procedural law. For further research and study, please refer to the Indian Code of Civil Procedure, 1809
The proper use of word should "restoration" and not "reinstated" as used in the question.
ANOTHER VIEW: (in the US) Criminal charges can be dismissed by a judge in one of two ways.
Dismissal WITH Prejudice and Dismissal WITHOUT Prejudice.
If a case is dismissed WITH prejudice it means that the defendant cannot ever be re-charged with that same offense again.
Dismissal WITHOUT prejudice means that the defendant MAY (at the option of the prosecution) be re-charged again for the same offense.
In the first example, the defendant is "home free."
But in the second example it cannot be certain that they won't be re-charged, because that option IS available to the prosecutor.
Yes, a dismissed matter can sometimes be reinstated through a legal process, such as filing a motion to vacate the dismissal or an appeal. The specific procedure and requirements for reinstatement will depend on the laws and rules of the jurisdiction where the matter is being handled. Consulting with an attorney would be advisable in such cases.
Add your answer:
Earn +20 pts
What does dismiss with leave mean?
"Dismiss with leave" typically indicates that a case or matter has been dismissed, but with the possibility of it being refiled or revisited at a later time if certain conditions are met or new evidence emerges. It allows the option for the case to be reopened or continued in the future.
What is a dismissed case?
It means that for some legal reason the court has dismissed the charges against the individual. A case may be dismissed "with prejudice" or "without prejudice."
What is the difference in a dismissed or closed case?
A dismissed case means it was terminated before reaching a decision on the merits, often due to procedural issues or lack of evidence. A closed case typically means it has been resolved or completed, which could include reaching a judgment, settlement, or decision.
Dissmissed without prejudice is that good?
Being dismissed without prejudice means that the case can be refiled at a later date. It gives the option to pursue the case again if needed, which can be advantageous in certain situations. However, it also means that the issue remains unresolved and may need to be addressed in the future.
What does the box that is checked that says Accordingly this action is dismissed for lack of prosecution on a notice of lack of prosecution mean?
If the box "Accordingly this action is dismissed for lack of prosecution" is checked on a notice of lack of prosecution, it means that the case is being dismissed because there has been no progress or activity in the case for a certain period of time. This typically occurs when the parties involved fail to move the case forward or take necessary actions within a specified timeframe.
Can the DA add a dismissed case to another case as a count?
It depends on whether it was dismissed with prejudice or without prejudice. If with prejudice, it can never be reinstated. If without prejudice, it can reinstated at any time. Usually a court will dismiss without prejudice.
Can you reinstate a dismissed bankruptcy?
If you have come through a bankruptcy you have been through quite a bit. It is important to know that if your bankruptcy was dismissed, it may still be reinstated at a later date.
If you are dismissed from a chapter 13 and have your mortgage reinstated can you refinance your home?
You can refi a day out discharging of bankruptcy depending on the situation.
What happens after an appeal is dismissed as moot?
If an appeal is dismissed it can be reinstated if the dismissal was without prejudice to reinstating it. This is common with procedural dismissals. If it is dismissed because the court considered the merits of the appeal and felt the lower court acted correctly then it cannot be reinstated. However, if the appeal was dismissed on its merits, the dismissal may be appealed to the next higher court in that particular court system if there is one. Regardless of the type of dismissal, the end result is that the ruling of the lower court will stand unless the appeal is reinstated and the court reverses the lower court.
What is dismissed with?
If a court case is dismissed with prejudice the matter cannot be tried again.
What is dismissed with prejudice?
If a court case is dismissed with prejudice the matter cannot be tried again.
What does case dismissed with leave to reinstate mean?
It means the case was dismissed, the case is no longer pending. It can be reinstated, which usually means there is something wrong with the pleadings or service that can be corrected and the case will then continue after a motion to reinstate is filed, showing the error(s) or omission(s) has/have been corrected.
Why would you get a court summons for an abuse charge that was dismissed?
Either there is a clerical error or the charges have been reinstated due to any number of reasons. The best option for the defendant is to obtain legal counsel as soon as possible and refrain from discussing the matter until that has been done. Another possible choice is to contact the office of the clerk of the issuing court for information
how can i be reinstated?
am i reinstated, now i have payed my ticket
I found ou that my license were suspended in error for pearl river co. how can i get my license reinstated?
You need to speak with the DMV regarding the matter.
How do you get your gun wright reinstated?
can a vinigai get his guh wrighg reinstated
Can a civil suit change to arbitration?
It is possible that a civil suit could be either voluntarily dismissed without prejudice to being reinstated or put on hold at the request of the parties and with consent of the court in order to permit the parties to have the matter resolved through arbitration. In addition many courts now have some form of pre-trial non-binding alternative dispute resolution processes.
