Showing : 41-50 of 259 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Haryana Panchayati Raj Act, 1994, Section 176, Limitation Act, 1963, Section 5, 14-- Election petition - Election was held on 24.01.2016 and results was also declared on same day - Limitation to file election petition is 30 days - Writ petition was filed within period of limitation i.e. 11.02.2016 which was disposed of to avail statutory remedy on 15.02.2016 - Election petition..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Section 5-- Delay - Condonation - Day to day delay not explained - Appeal against ex parte decree - Plea that defendant came to know about passing of the decree from plaintiff and said plea not controverted - When substantial justice and technical considerations are pitted against each other, cause of..........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Limitation Act, 1963, Section 5-- Appeal - Delay of 25 days in filing appeal - Condonation of delay - Appeal allowed first and as a consequence delay condoned - Procedure adopted by lower appellate Court is strange - Unless delay is condoned, appellate Court does not get jurisdiction to decide appeal on merits - Impugned order of..........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of 78 days in filing appeal - Delay occurred as father of petitioner suffered heart attack and taken treatment as an i, patient and petitioner having taken care of her father and delay being only of 78 days - Liberal view should have been taken - No malafides on the..........
DELHI HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of 753 and 740 days in filing and re-filing appeal - Acquisition of land - Courts adopt liberal approach in land acquisition cases, as land losers are persons who hail from villagers and who are not aware of legal intricacies and requirement of law - Moreover, it would..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Section 5, 14-- Condonation of delay - Delay of more than five months in filing appeal - Suit for specific performance - Period spent bonafidely in execution proceedings after decreeing the suit is liable to be excluded by relying upon provision of S.14 of the Act - However, period prior to initiation of abortive..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Condonation of delay and enquiry u/s 202 Cr.P.C. - Magistrate condoned delay without application of mind to the issue of delay nor delay condoned before issuance of summons - Non application of mind as to whether enquiry u/s 202 Cr.P.C. is required - Order taking cognizance..........
DELHI HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of 1873 days in filing appeal - Acquisition of land - Appellant a villager who can be given the benefit of doubt of his not being in know of the fact that an appeal was required to be filed - More often than not, the land holder/land loser in cases of compulsive..........
CHHATTISGARH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 9, 10A-- Death of sole respondent - Non-substitution of LR's within time - Abatement of suit - Non information of death of sole respondent to Court by counsel of the party he represented - Information of death of sole respondent was received at later stage by applicants and on account of illness of..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 9-- Death of plaintiff - Substitution of L.R's - Condonation of delay - Application filed by daughter/respondent after 11 years of death of her father/plaintiff - However, period of limitation for moving such application is 90 days u/art 120 of Limitation Act - More so, respondent had full knowledge..........

Showing : 41-50 of 259 Results