Negotiable Instruments Act, 1881, Section 138 - - Limitation Act, 1963, S.5 - Dishonour of cheque - Complaint - Condonation of delay in filing - Applicability of S.5 of limitation Act - Held, provision of S.5 of Limitation Act is applicable only to an appeal or an application/petition - It cannot be applied to extend period of original limitation - Limitation of taking..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Revision petitioner lost his mother and his brother and he was also suffering from ill-health as revealed from his affidavit - There was a communication gap between his Advocate and himself - Decree holder viz., respondent..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), 482 -- Dishonour of cheque - Complaint - Dismissal for no, prosecution - Acquittal - Petition seeking leave to appeal filed alongwith application for condonation of delay of 28 days - Minor issues like absence of their main counsel on date fixed in trial Court, failure to give..........
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,..........
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..........
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 interfere with the..........
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..........
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 respondents were entitled to be..........
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 offence under the Act,..........
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...........
