Showing : 1-10 of 853 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 14-- Petition u/s 34 of Act of 1996 - Return of petition for representation in proper Court - Delay of 8 days in representation - Extension of time be sought from Court ordering return of petition - However, application u/s 14 of Act of 1963 filed in Court where petition was represented - Condonation..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(6), 43(3), Limitation Act, 1963, Section 5-- Appointment of arbitrator - Limitation - Extension of time - Appellant Company stated that it was involved in negotiation with respondent in 14 years preceding application before settlement committee - However, no evidence brought on record to show that they were required to proceed before..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 142(b)-- Dishonour of cheque - Condonation of delay - At the stage of taking cognizance, it is not necessary for Court to issue notice to accused and hear accused before condoning delay in filing complaint...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5-- Condonation of delay - In case delay is not that inordinate and other party can be monetarily compensated, then Court rather than following a hyper technical approach has to follow a approach which is more humane and justice oriented...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5-- Restoration of suit dismissed in default - Condonation of delay - Application for restoration filed after about seven months - Such delay cannot be said to be inordinate delay - In case delay is not that inordinate and other party can be monetarily compensated, then Court rather than following a..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13-- Dismissal of application to set aside exparte decree - Condonation of delay in filing appeal against exparte decree - Time spent in pursuing application U.O.9.R.13 CPC is to be taken as `sufficient cause' for condoning delay in filing first appeal...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Article 122-- Restoration of suit dismissed in default - Statutory period for filing restoration application is the date of order and not knowledge of order - Condonation of delay is not permissible in absence of an application - No permission can be granted to an aggrieved party for filing an application for..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of 165 days in filing appeal against ex parte eviction decree - Defendant categorically stated that he was not at all served and he came to know of decree passed in suit only when he received notice in execution petition and immediately after obtaining certified copies..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96-- Condonation of delay - Delay of 696 days in filing appeal - Partition suit - Delay is about 1 year and 9 months - If indeed appellant/defendant really suffered on account of judgment and decree of trial Court, he would have taken steps to file appeal in time - Although plaintiff sought 1/3rd share..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 14, Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Appeal against ex parte decree - Exclusion of time spent in pursuing application U.O.9.R.13 CPC - Provision of S.14 of the Act is not applicable in excluding time spent in proceeding U.O.9.R.13 CPC - However, principles analogous to S.14 of the Act would be applicable for purpose of condonation of..........

Showing : 1-10 of 853 Results