Limitation Act, 1963, Section 5, Criminal Procedure Code, 1973, Section 482, 378 -- Condonation of delay - Delay of 140 days in filing leave to appeal against acquittal - State failed to give reasonable explanation which caused delay in filing appeal - Application dismissed...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 30(1), Limitation Act, 1963, Section 5 -- Condonation of delay in filing appeal against order of Recovery Officer under Act of 1993 - Pre-requisite for S.5 of Limitation Act is pendency of proceeding before Court - Proceedings under RDB Act being before statutory Tribunal, cannot be placed at par..........
Civil Procedure Code, 1908, Order 8, Rule 1, 10, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section 151 -- Limitation to file written statement - Condonation of delay - As per proviso to O.8.Rr.1, and second proviso to O.8.R.10 CPC has effect of barring on filing of written statement beyond 120 days from date of service of summons - In the..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Condonation of delay - Delay of 1433 days in filing appeal against ex parte decree - Defendants elected to prosecute and proceed only with application U.O.9.R.13 CPC, but not with the remedy of appeal u/s 96 CPC - They filed appeal after a fairly long period of time nearly 1433..........
Limitation Act, 1963, Section 5 -- Condonation of delay in filing appeal against ex parte decree - Delay of 36 days - Defendant mentioned the delay of 17 days in place of 36 days in filing appeal which defendant admitted was a clerical omission - Court is always liberal so as to advance substantial case of justice instead of dismissing case on technical ground -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 10 days in filing appeal - Number of days of delay in filing appeal may be insignificant but where falsity underlines application it has to be dismissed in interest of justice to keep stream of administration of justice pure - Application rightly rejected...........
Limitation Act, 1963, Section 5, Land Acquisition Act, 1894, Section 54 -- Land acquisition - Condonation of 3671 days delay in filing appeal - Appellants are agriculturists whose lands were acquired - Similar situated agriculturists were given a higher rate of compensation as such there is no reason to decline the same to appellants merely on the ground of delay -..........
Civil Procedure Code, 1908, Section 100, Limitation Act, 1963, Section 5 -- Second appeal - Maintainability - Order rejecting application for condonation of delay in filing appeal - Said order is decree - Open to challenge in second appeal...........
Limitation Act, 1963, Section 5, Registration Act, 1908, Section 73 -- Condonation of delay in filing appeal - Appeal u/s 73 of Registration Act - Provisions of Limitation Act does not apply to proceedings before Sub-registrar, as said provision applies to proceedings before Court and Sub-Registrar is not Court - Application dismissed...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 9 -- L.R's - Non impleadment within statutory period of 90 days - Appeal abates - Appeal can be revived for hearing when L.R's of deceased person files an application for substitution and for setting aside abatement and making out a sufficient cause for setting aside abatement by filing an application u/s 5 of Limitation Act..........