LawMirror.com

Results of appeal limitation

Showing : 131-140 of 559 Results

BOMBAY HIGH COURT

Year of decision: 2014
Details

Hindu Marriage Act, 1955, Section 28(4), Family Courts Act, 1984, Section 19(1), 19(3) -- Appeal - Period of limitation - Stipulations in Hindu Marriage Act deal with substantive right of parties and substantive right of appeal whereas stipulations in Family Courts Act deal with procedural matters - Substantive provision must get precedence over a procedural provision -..........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Hindu Marriage Act, 1955, Section 28, Family Courts Act, 1984, Section 19, 20 -- Appeal - limitation - Non-obstante clauses u/ss 19 & 22 of Family Courts Act cannot override the applicability of period of limitation prescribed for an appeal u/s 28 of Hindu Marriage Act as no, obstante clause cannot be read mechanically - Vague and general no, obstante clauses cannot..........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Criminal Procedure Code, 1973, Section 374, 386, Limitation Act, 1963, Section 5 -- Appeal against conviction - Delay - Condonation - Criminal appeal be decided on merits - Application for condonation of delay in filing appeal be decided leniently - Delay condoned and appeal directed to be decided on merits...........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Limitation Act, 1963, Section 5, 3 -- Time barred appeal - Condonation of delay - In the absence of an application for condonation of delay in filing appeal and an express order condoning delay, Appellate Court has no jurisdiction to entertain appeal and pass judgment on merit...........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Limitation Act, 1963, Section 5 -- Condonation of delay - Filing an appeal by State - Considerable delay - Delay condoned keeping in view the circumstances in which the delay had occurred...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1 -- Ex parte decree - Setting aside - Dismissal of application for condonation of Delay - It is revision and not appeal which lies against dismissal of application for condonation of delay...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Hindu Succession Act, 1956, Section 22 -- Preferential right to acquire property - Limitation - Suit was admittedly filed more than a year and objection was taken that Art.97 of Limitation Act applied and suit was barred by law - Plaintiff pleaded that preferential right in property to approach Court is only through an application and therefore application cannot be..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Delay in filing appeal - Condonation of delay - Filing of an application for condoning delay of 1727 days without disclosing reasons and failure to pay court fee at the time of appeal discloses that there was total lack of bona fides in its approach - Delay condoned by High Court after..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Land Acquisition Act, 1894, Section 18, 23, Limitation Act, 1963, Section 5 -- Acquisition of land - Enhancement of compensation - Delay of 12 years in filing appeal - In the matter of compensation for land acquisition, approach of Court has to be pragmatic and not pedantic - Substantive rights of appellants should not be allowed to be defeated by taking hyper technical..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court being the final court of fact is fully competent to re-appreciate, reconsider and review the evidence and take its on decision - Law does not prescribe any limitation, restriction or condition on exercise of such power and Appellate Court is free to arrive at its own conclusion keeping..........

Showing : 131-140 of 559 Results