Showing : 101-110 of 228 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151, Limitation Act, 1963, Section 5-- Plaint filed without paying Court fee - Representation of plaint - Condonation of delay - Held, parameters for condonation of delay in application filed u/s 5 of the Limitation Act cannot be applied with the same vigor for condonation of delay in a representation, filed u/s 151 CPC - All the same,..........
JHARKHAND HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Substitution of LRs - Appeal - Death of respondent during pendency of appeal - Application for substitution of LRs of deceased alongwith application for condonation of delay - Appellant explained circumstances under which application for bringing LRs on record could not be filed earlier -..........
CALCUTTA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 142(b)-- Dishonour of cheque - Complaint - Condonation of delay - Validity - Delay of 15 days condoned without hearing petitioner and accused persons and even without making any order of issuance of notice - Held, there has been a complete violation of principles of natural justice - Order impugned cannot..........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Time barred complaint - Complaint cannot be considered on merits unless delay is first condoned - Before condoning the delay the accused is liable to be heard - Summoning order without notice and hearing the accused on delay condonation application set aside - Matter remanded..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Punjab Village Common Lands (Regulation) Act, 1961, Section 2, 7, Limitation Act, 1963, Section 5-- Ejectment order - Appeal against - Dismissal in default - On application for restoration of appeal, matter remanded which is pending disposal for the last 25 years - Petitioner prayed that appeal be decided on merit after condoning delay - Delay condoned in view of observations made by the Apex..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Limitation Act, 1963, Section 5-- Delay - Condonation - Unless malafides are writ large on the conduct of the party, generally as a normal rule, delay should be condoned - In the legal arena, an attempt should always be made to allow the matter to be contested on merits rather than to throw it on such technalities...........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 142(2)-- Dishonour of cheque - Complaint - Condonation of delay - Delay can be condoned only after giving an opportunity of hearing to the accused - If application is allowed only then Magistrate has to proceed further on the question as to whether accused is to be summoned or not...........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint - Sought on ground that it was admittedly barred by time and delay was condoned without issuing notice to accused/petitioner - Held, impugned order liable to be set aside - Magistrate shall give an opportunity to accused/petitioner before passing orders..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Limitation Act, 1963, Section 5-- Delay in filing appeal - Condonation - Fact that a case is good on merits constitutes sufficient cause for condonation of delay - Meritorious matter not to be dismissed at threshold - Delay of 447 days in filing appeal condoned as the same was good on merits...........
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..........

Showing : 101-110 of 228 Results