Limitation Act, 1963, Section 5 -- Delay - Condonation - 'Every day's delay must be explained' does not mean that a pedantic approach should be made and doctrine must be applied in a rational common sense pragmatic manner...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Delay - Condonation - Delay of thirteen months - Reason stated negotiations were going on - Accused borrowed a sum of Rs.one lakh - Stake quite heavy - Complainant has given sufficient reasons for condoning the delay and he had also taken steps to settle the matter in the presence of..........
Limitation Act, 1963, Section 5 -- Delay of 8 months in filing the appeal - Application u/s 5 for condonation of delay dismissed - No evidence that delay in filing of appeal was part of dilatory strategy or lacks bona-fide - Order of dismissal set aside - Appellate Court directed to admit the appeal and decide on merits...........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- L.R's - Substitution - Application filed after 90 days of limitation alongwith delay condonation application - No formal prayer for setting aside abatement made - Application for substitution of L.R's to be treated as an application to set aside abatement...........
Arbitration Act, 1940, Section 30, 34 -- Arbitration award - Petition for setting aside award - Delay - Condonation - Delay cannot be condoned without assigning any reasonable, satisfactory, sufficient and proper reasons...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Different yardsticks to be applied while considering application to condone delay in filing an appeal and delay in filing application to set aside abatement...........
Limitation Act, 1963, Section 5 -- State appeal - Delay of 2 years in filing appeal - Application for condonation of delay on account of procedural arrangements - Dismissed by first Appellate Court - Revision - Relying on AIR 1996 SC 1623 it is contended that appeal good on merits and therefore Court was bound to decide appeal on merit - Supreme Court nowhere holding that..........
Civil Procedure Code, 1908, Order 21, Rule 90, 95, Limitation Act, 1963, Section 5 -- Execution - Auction sale - Objections beyond period of limitation - Liable to be rejected summarily - Application for condonation of delay is not maintainable in a proceeding arising U.O.21 of the Code...........
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 by..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 12 -- Exparte decree - Setting aside - Delay - Condonation - Delay in filing application - Ground of ill-health of wife and wife taken out of station on relevant date - Delay has to be condoned...........
