Showing : 291-300 of 894 Results

ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Set aside after condoning delay - Propriety - No separate application for condonation of delay filed - But grounds have been made praying condonation of delay and affidavit also filed explaining reasons for delay - Held, once Court exercised discretion in positive manner, higher..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Delay - Condonation - While considering the delay condonation application court has to see the merit of the case also as the law of limitation is not meant to take away the right of appeal - The courts are meant for imparting justice and not to scuttle the..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142(b)- - Dishonour of cheque - Filing of complainant - Delay of 5 days - Condonation of - Trial Court condoned delay on the basis of medical report submitted by complainant and summoned accused to face trial - Challenge thereto - Held, High Court in its jurisdiction u/s 482 of Cr.P.C. is not inclined to..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5-- Dismissal of suit for no, prosecution - Restoration application - Condonation of delay - On 20.09.1999, Civil Court in absence of plaintiff as well as his advocate, dismissed suit for non prosecution - From 20.09.1999 the original plaintiff did not do anything till he passed away on 09.06.2004 -..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Application for restoration of suit with application of condonation of delay - Applications filed by legal heirs - LRs not brought on record - Maintainability - Held, application for restoration of suit dismissed for default along with an application for condonation of delay was maintainable and..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142(b)-- Dishonour of Cheque - Complaint - Delay in filing - Condonation of - Held, there is no requirement of affording opportunity of hearing to accused before condoning delay - In absence of any provision enabling accused to participate in inquiry into condonation of delay in filing of complaint for..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142(b)-- Dishonour of Cheque - Complaint - Delay in filing - Condonation of - Held, it is well settled that while considering question of condonation of delay, words `sufficient cause' should receive a liberal construction so as to advance substantial justice...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 5, Rule 17, Hindu Marriage Act, 1955, Section 13-- Divorce - Ex parte decree obtained by fraud - Setting aside of - Condonation of delay - Held, it is well known proposition of law that fraud vitiates everything - In a given case, delay of few days may not be condoned and in a given case, delay of years can be condoned, as per facts of the case -..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Liberal approach should be adopted in such matters so that substantive rights of the parties are not defeated merely because of delay...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay to be condoned when there is no negligence on the part of the applicant and the cause shown for the delay does not lack bona fides - In case explanation given is found to be concocted or applicant is thoroughly negligent in prosecuting his cause, then delay should not..........

Showing : 291-300 of 894 Results