Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of more than two years in filing appeal - Appellant not able to make out any sufficient cause for not filing appeal within the prescribed period of limitation as he has acted in a negligent manner - There was no bona fide on his part and he further cannot be said to have acted diligently - No explanation on..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte Decree - Setting aside - Non-receipt of notice - Condonation of delay - Merely because instead of word `Secretary' word `Manager' had been written on the address which was otherwise complete - It would not be sufficient to hold that no, applicant college was not served, more particularly when the notices sent by..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Application for condonation of delay listed and dismissed on the same day for default - Certified copy of said dismissal order applied after 7 months - Application not filed even on the day when certified copy of dismissal order was supplied to petitioner - Ground of illness of one of petitioners raised for such..........
Limitation Act, 1963, Section 5 -- Criminal appeal - Delay in filing - Condonation of - Delay of 236 days - Silence as to cause of delay in between dates on which steps were said to be taken - Applicants casual and negligent in approach and proceeded in routine manner taking for granted that delay would be condoned - Delay was certainly avoidable - Explanation given vague..........
Limitation Act, 1963, Section 5 -- Condonation of delay in filing writ appeal by Government - Delay of 291 days - Delay cannot be condoned merely because the Government is a party in the absence of plausible and acceptable explanation - No bona fide effort on the part of appellants to avail the remedy of appeal within the period of limitation - Accordingly the appeals are..........
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 filed however in the restoration..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- Application to bring LR on record - Delay of 1216 days - Condonation - Petitioner No.1 stated that plaintiff No.2 died due to illness - Petitioner No.1 was not doing well and was unable to move due to his illness - On account of his ignorance and illness, he could not intimate death of..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Petitioner negligent throughout - However, since the case has never seen the light of the day on merit and the same has been dismissed in default, therefore Court would prefer to direct that matter be decided on merit after condoning the delay...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Delay of 12 days in filing - Application for condonation - Rejection of - Validity - Held, quantum of delay is not important - What is important is explanation - Petitioner/complainant has not been straight forward in giving correct reasons for delay in filing complaint - There is no..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of suit - Substitution of legal representative - Application for - Condonation of delay - Initial application was filed within the period of limitation which was dismissed on technical ground - Second application was filed with a prayer for condonation of delay - In second application, a prayer for setting aside..........
