Criminal Procedure Code, 1973, Section 167(2), 439(2) -- Cancellation of default bail - Non compliance of bail conditions - Opportunity not given to petitioners before cancellation of bail - Delay in approaching Court after cancellation of bail condoned - Opportunity given to petitioners for presenting arguable case before High Court in main revision case...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Delay in seeking leave - Application for leave to defend not filed within period of 10 days from receipt of summons for judgment - Court below refused to grant leave to defend to defendant only on the ground that application seeking such leave not accompanied by any application..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Delay - Condonation - Delay of 74 days in filing of appeal - Period of limitation for filing appeal is 60 days - Satisfactory grounds have been furnished for delay to which personal pre-occupation of counsel also comprised a contributory factor - There is no gross negligence or deliberate inaction or..........
Limitation Act, 1963, Section 5 -- Delay of 554 days in filing appeal against order dismissing application U.O.9.R.13 CPC - Cause pleaded prolonged illness during period in question - Medical documents in support of factum of illness also filed - Appellant an old man in his late sixties and did suffer heart disease during the relevant period and later he was down with..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Re-presentation of plaint - Plaintiffs gave sufficient and valid reason for condoning delay in representation - Defendants admitted pendency of insolvency proceedings and suit filed by plaintiffs against them - Hence, reasons given by Court for rejecting contentions of plaintiffs is unjustified - Delay condoned -..........
Hindu Marriage Act, 1955, Section 23 -- A wrongdoer should not be permitted to take advantage of his or her own wrong - It is not only responsibility but a duty is cast on Court to satisfy itself that requirements of law in the Act are fully met and safeguards provided u/s 23 of the Act are duly observed - Terms on which emphasis has been laid upon are connivance,..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - Period of limitation - Appeal filed in 1999 - Notices sent earlier but record was destroyed in the fire incident and notices were again served in April 2014 - Cross-objections filed in 2015 - Held, if a cross-objector fails to file cross-objections within stipulated time, then his right to file..........
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 - Delay cannot be condoned as a matter of course and reasonable and sufficient cause has to be shown as to why delay occurred - In the instant case, there is absolutely no explanation with regard to delay, which is nearly of 1000 days - Moreover, record itself shows tampering of documents i.e incorporating date in..........
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 -..........
