Criminal Procedure Code, 1973, Section 372, 378, Limitation Act, 1963, Article 114 -- Appeal against acquittal - Limitation for preferring an appeal against order of acquittal by victim is 90 days in all cases, other than the cases instituted upon complaint and 60 days for any case instituted upon complaint against order of acquittal after High Court grants special leave..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay of 1825 days in filing appeal against ex parte decree - Defendant already exhausted remedy U.O.9.R.13 CPC - Appeal against ex parte decree filed after 5 years from dismissal of application U.O.9.R.13 CPC - Defendant can file an application U.O.9.R.13 CPC and a regular..........
Limitation Act, 1963, Article 136 -- Limitation - Execution of decree - Computation of limitation - When there is an appeal from original decree its enforceability would arise or time for execution of such decree has to be computed from date of appellate decree...........
Limitation Act, 1963, Article 136 -- Limitation - Execution of decree - Decree was passed in 1996 - An appeal against such decree filed within limitation but was dismissed in default in 2002 - Execution petition filed in 2012 is competent and cannot be barred by limitation u/art 136 of Limitation, as when there is an appeal from original decree its enforceability would..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement of appeal - Condonation of delay - Death of plaintiff - Plaintiff being trustee of suit property filed suit though not instituted in the name of trust - But suit property is allegedly shown in the name of Trust - Applicant claiming himself to be authorized or working Trustee of suit property - Application by..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Plea of limitation - Neither raised before trial Court nor before first Appellate Court - Said plea being mixed question of law and fact, cannot be examined first time in second appeal by High Court...........
Motor Vehicles Act, 1988, Section 166, Limitation Act, 1963, Section 5 -- Appeal for enhancement of compensation - Delay of 601 days - Condonation of delay - It is evident from application for condonation of delay that appellant was not aware of limitation to file appeal on first instance and on second instance appellant stated that he has handed over documents to counsel..........
Hindu Marriage Act, 1955, Section 15, 28 -- Decree of divorce in favour of husband - Husband remarrying before expiry of limitation to file appeal - While holding that there is no merit in appeal filed by wife, husband burdened with costs of Rs.1,00,000/- payable to wife, on ground of errant conduct of husband. Paras 7 to 9)..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - No limitation is prescribed before Appellate Court to entertain an application - Objection of complainant that application was filed by accused after about 4 years of filing of appeal is not sustainable...........
Limitation Act, 1963, Section 5, Criminal Procedure Code, 1973, Section 482, 378 -- Condonation of delay - Delay of 140 days in filing leave to appeal against acquittal - State failed to give reasonable explanation which caused delay in filing appeal - Application dismissed...........
