Showing : 1-10 of 13 Results

KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 9-- Leave to appeal - Delay in filing - Condonation of delay - Question arose as to whether appeal to be numbered on date of filing or to date of condonation - Held, a valid appeal is registered on its filing for all practical purposes even if appeal and C.M.C.(P) are accompanied by a petition to..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 41, Rule 3A, Limitation Act, 1963, Section 5-- Appeal - Condonation of delay - Delay of 168 days in filing appeal - No sufficient cause mentioned in the affidavit regarding delay except making bald unsubstantiated allegation - Basing on lame excuse or unsubstantiated cause, it is difficult to condone delay - Delay not condoned - Application..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A-- Delay in filing appeal - Condonation of delay - Filing of an application for condoning delay of 1727 days without disclosing reasons and failure to pay court fee at the time of appeal discloses that there was total lack of bona fides in its approach - Delay condoned by High Court after imposing..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 41, Rule 3-A, Limitation Act, 1963, Section 5-- Delay in filing of appeal - Condonation of delay - Procedure - Mandatory for Appellate Court to decide the application for condonation of delay before it proceeds to decide the appeal on merits - Without deciding the application for condonation of delay, the Appellate Court has no jurisdiction to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 41, Rule 3A, Limitation Act, 1963, Section 5-- Time barred appeal -, D/ merits - Application for condonation of delay not decided - No inference can be drawn that while deciding appeal on merits, Court condoned delay in filing appeal and allowed application - Specific order has to be passed on the application...........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 41, Rule 3-A-- Appeal - Delay - Condonation of delay - Memo of appeal to accompany by an application supported by an affidavit setting forth the facts on which the appellant seeks to rely to satisfy the Court that he had sufficient cause for not preferring the appeal within the prescribed period - Application..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 41, Rule 3-A-- Appeal - Delay - Condonation application - Has to be filed alongwith memo of appeal - Application for condonation of delay if filed subsequently that by itself is not sufficient cause to reject such an application - In such an event Court has to see whether applicant has disclosed sufficient cause..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 41, Rule 3-- A-Appeal when presented after expiry of period of limitation - Unless along with the appeal application filed seeding condonation of delay - Appeal cannot have any existence - Cannot be entertained - Facts have to be alleged as to why delay occurred in filing of appeal - Where no application filed..........
KARNATAKA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 41, Rule 3-A, Limitation Act, 1963, Section 5-- Appeal - Delay - Condonation - Appeal presented after expiry of period of limitation - Application for condonation of delay filed subsequent to filing of time barred appeal - Court below cannot be said to have committed any jurisdictional error in considering the application for condonation of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 41, Rule 21-- Dismissal of application for setting aside ex parte decree solely on the ground that application barred by time - Court did not pass any order on application for condonation of delay in filing application under Order 41 Rule 21 - Order dismissing application for setting aside ex parte judgment and..........

Showing : 1-10 of 13 Results