Showing : 241-250 of 869 Results

SUPREME COURT OF INDIA
Year of decision: 2013
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Exercise of power by Court - Held, where a case is presented in Court beyond limitation applicant has to explain as to what was `sufficient cause' which means an adequate and enough reason which prevented him to approach Court within limitation - If a party is found to be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Limitation - Delay in filing application - Application for condonation of delay also not filed - Held, limitation to file application was thirty days and said limitation period started from the date of decree because defendants had been duly served in suit and..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Consumer Protection Act, 1986, Section 24A, 12-- Condonation of delay - Delay on count of earlier fling civil suit, writ petition and special leave petition - Complainant not well educated and she throughout relied upon legal advice tendered to her - It can reasonably be presumed that substantial time was consumed in availing remedies earlier -..........
ORISSA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Delay in lodging complaint - Condonation of delay - While taking cognizance reasons justifying condonation of delay not stated - Held, while entertaining time barred complaint, Court is required to consider complainant's request in the light of his/her statement on oath and..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of about one year - Material facts suppressed by appellant - Appellant has not come to Court with clean hands - Delay explained was wholly unsatisfactorily - Prayer rejected...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Wrong legal advice - Bonafide advice given by counsel after due care and attention may constitute sufficient cause for condonation of delay if acted upon by a party in good faith but it is not the law that the delay should invariably be condoned simply because it is asserted..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Restoration of suit - Suit dismissed for non compliance of order to pay deficiency in Court fee - Application filed after three months - Plea that application U.O.9.R.4 is not maintainable - Held, nomenclature is not decisive - Even though separate application for condonation of delay was not..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay - Held, Court though having wide powers to condone delay but discretion to be exercised judiciously - None of defendants' witnesses explained delay, much less satisfactorily explained each day's delay - Delay cannot be condoned...........
KERALA HIGH COURT
Year of decision: 2013
Details
Limitation Act, 1963, Section 5-- Delay - Condonation - Length of delay is not very material - Even if there were some latches on the part of the litigant and explanation does not smack of mala fides or is not put forward as a dilatory tactics or is not put forward as a dilatory tactics, Court should lean in favour of applicant...........
KERALA HIGH COURT
Year of decision: 2013
Details
Limitation Act, 1963, Section 5-- Delay - Condonation - While deciding application for condonation of delay Court not to adjudicate upon the rights of the parties or pronounce upon the merits of the lis...........

Showing : 241-250 of 869 Results