Showing : 91-100 of 915 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of 243 days in filing appeal by State - No explanation worth the name is offered to condone the delay - Court cannot treat the State differently than a common litigant and even if some leverage is given to State for procedural delays, it would be absurd to stretch the..........
DELHI HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Approach of Court has to be liberal and judicious guided by paramount consideration of not depriving a litigant ordinarily of adjudication of rights on merits - Hypertechnical, too strict and pedantic approach may cause injustice which has to be avoided...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 37, Limitation Act, 1963, Section 5-- Recovery suit - Restoration of suit - Dismissed in default - Condonation of delay - There is no gross negligence or lack of bona fides on the part of plaintiff - Plaintiff's claim for recovery of Rs.3,94,754 against defendant warrants adjudication - Order dismissing suit set aside...........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Section 5-- Condonation of delay - In absence of any evidence to show that petitioner received summons issued by Political Assistant and was aware of existence of judgment and order, it has to be accepted that petitioner came to know of institution of case and existence of judgment and order only when..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Ex parte decree passed by Debt Recovery Tribunal - Proceedings against guarantor - Applicant though served with summons but misconstrued the same being in connection with the personal loan advanced to her by Bank - Only after notice of Recovery Certificate was published that..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Limitation Act, 1963, Section 5, 29(2), Assam Value Added Tax Act, 2003, Section 81, 84-- Revision petition filed in High Court u/s 81 of the Act - Condonation of delay - Provision of S.5 of the Act is not applicable to proceedings u/s 81 of 2003 Act by virtue of language employed in S.84 of 2003 Act...........
DELHI HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19-- Condonation of delay - Counter claim - Barred by limitation cannot be entertained by condonation of delay - However, finding that counter-claim placed 3 years after filing of original application would ipso facto be barred by limitation is ex-facie misconceived...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5-- Restoration and delay condonation application - Both the applications can be heard simultaneously but restoration application cannot be allowed without delay being condoned...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 142(b), Limitation Act, 1963, Section 5-- Dishonour of cheque - Condonation of delay - S.142(b) is pari materia to S.5 Limitation Act - Sufficient cause to be construed liberally...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5-- Dishonour of cheque - Condonation of delay - Trial Court condoned delay of 61 days after recording its satisfaction about sufficient cause - Order calls for no interference...........

Showing : 91-100 of 915 Results