Showing : 81-90 of 176 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Abatement - Takes place automatically by application of law without any order of the Court - Setting aside of abatement can be sought once the suit stands abated...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- L.R's - Where plaintiff dies and right to sue survives then an application can be filed within 90 days to bring on record L.R's of the deceased plaintiff - In case application is not filed then suit abates - Once suit abates then it comes to an end except when abatement is set aside and the legal..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5-- L.R's - Impleading of L.R's - Non impleadment - Abatement - Setting aside abatement - S.5 Limitation Act applies to an application filed U.O.22.R.9 CPC - An application for setting aside abatement has to be treated at par and the principles enunciated for condonation of delay under Section 5 of..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 9-- Delay - Condonation - Sufficient cause - To be construed liberally so as to advance substantial justice, when the delay is not on account any dilatory tactics, want of bona fides, deliberate inaction or negligence on the part of the appellant; (ii) In considering the reasons for condonation of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Setting aside abatement - Ex parte order - Setting aside of - No notice of appeal was sent to respondents despite the fact that order of their substitution had been passed ex parte - Held, that by itself is not a ground for setting aside the judgment of first Appellate Court because a brother of..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Death of respondent during pendency of appeal - Non impleadment of L.R's - Abatement of appeal - Setting aside abatement - Where a respondent dies during the pendency of appeal, at a time when appeal has been pending for several years without being listed for hearing, the Court should take a..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Central Civil Service (CCA) Rules, 1985, Section 19(4)-- Suspension pending enquiry - Extension of suspension - Suspension extended by conducting review after 90 days - Review could not be done earlier as application of employee before Tribunal was pending - Not tenable in absence of interim stay by Tribunal - Provision of S.19(4) of the Act speaks only..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 4-- (As in P&H) - Impleading of L.R's - As per amendment of O.22.Rr.3, 4 by Punjab & Haryana High Court, there is no limitation for bringing on record the legal representatives - Question of abatement of suit does not arise - Legal representatives can be brought on record at any time...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 107, 306-- Abatement - S.306 deals with abetment of suicide - S.107 deals with abetment of a thing...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Abatement - Setting aside - Principles governing - (i) The words 'sufficient cause for not making the application within the period of limitation' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and..........

Showing : 81-90 of 176 Results