Showing : 41-50 of 60 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2010
Details
Punjab State Election Commission Act, 1994, Section 76, Limitation Act, 1963, Section 5-- Condonation of delay in filing Election Petition - Election petition to be filed within 45 days to challenge election of a returned candidate - This period cannot be extended with aid of S.5 of the Limitation Act - Election petition is to be treated as a suit - There is no provision for..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5-- Restoration of suit dismissed in default - Delay of five years - Condonation - It is a long period which has to be explained sufficiently - There has to be some cogent and valid reason - In such matters approach of Court should be justice oriented and liberal view should be taken but it does not..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Punjab State Election Commission Act, 1994, Section 76, 80, 89, Limitation Act, 1963, Section 5-- Sarpanch - Challenge to election - Limitation to file election petition 45 days - Election petition filed beyond period of limitation dismissed - Provision of S.5 Limitation Act for condonation of delay is not applicable - Election petition is like an original suit in which delay cannot be..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 17, Rule 3-- Condonation of delay - Suit of the plaintiff dismissed U.O.17.R.3 CPC in presence of attorney of plaintiff - Appeal against dismissal filed with delay of 16 months - Plaintiff pleaded ignorance of knowledge about dismissal - Held, when the authorized person had appeared on behalf of plaintiff in..........
DELHI HIGH COURT
Year of decision: 2008
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed in default - Delay - Can be condoned on the basis of averments made in the restoration application if the ground seeking setting aside exparte decree and condonation is one and the same...........
KARNATAKA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed for default - Delay - Application for condonation of delay rejected on ground that there is inconsistency in evidence and that no documentary evidence was produced to substantiate the statement - Suit was at the stage of cross-examination of plaintiff - Held,..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 21, Limitation Act, 1963, Section 5-- Applicability of Sec. 5 of Limitation Act to execution proceedings - Suit for recovery decreed - Execution - Property of judgment debtor attached and auctioned - No objections filed by judgment debtor - Sale confirmed and sale certificate issued - Application for delivery of possession - Objection..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Limitation Act, 1963, Section 5-- Delay - Condonation - Delay of 9 months in filing appeal - Petitioner came to know about dismissal of suit after 9 months and applied for copy of judgment - Nothing on record to show that by delaying the filing of appeal petitioner has to gain anything - Delay condoned...........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 141, 107, Order 9, Rule 9, Limitation Act, 1963, Section 5-- Restoration of suit - Condonation of delay - Provision of S.141 is applicable to an application for condonation of delay in filing the application for restoration of suit - It also applies to similar proceedings filed at appellate stage in view of provision of S.107(2) CPC...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 22, Rule 9, 3, 4-- Setting aside of abatement of suit - Prayer for setting aside abatement as regard one of the plaintiffs - Can be construed as a prayer for setting aside abatement of suit in its entirety - Opinion of trial Judge allowing prayer for setting aside abatement and his finding on `sufficient cause' for..........

Showing : 41-50 of 60 Results