Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Section 151 -- Setting aside of arbitral award - Condonation of delay - Delay of 159 in re-filing petition - As per S.34(3) of the Act after expiry of 30 days after statutory period of three months, delay of even one day cannot be condoned - Moreover, S.151 CPC cannot be used as tool to..........
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 acquisition by the State are rustic villagers..........
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 applicant immediate steps were..........
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 of death of her father and..........
Civil Procedure Code, 1908, Section 148, Order 6, Rule 18 -- Amendment of plaint allowed - Failure to amend plaint within 14 days of order - Extension of time - Fair copy of plaint not filed for a period of 3 years and 7 months - Delay cannot be condoned by invoking S.148 CPC - More so, it is not open to plaintiff to blame his counsel for his own negligence and he has to..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Abatement - Delay in bringing on record the LRs of defendant - Condonation of delay - On sufficient cause, delay in bringing LRs of deceased party should be condoned - Procedure is meant only to facilitate the administration of justice and not to defeat the same - Delay condoned - Appeal restored...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Pre-mature complaint - Complaint filed before expiry of 15 days of service of notice - Complaint is not maintainable - Complaint and subsequent proceedings quashed - However, complainant may file fresh complaint within one month from date of order - Delay in filing complaint would be treated as..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 14 days in filing intra-Court appeal - Period of limitation prescribed u/art 117 of Limitation Act for filing intra-Court appeal is 30 days - Explanation given for delay of 14 days is reasonable and sufficient for condoning delay - Alleged delay of 14 days is not so unreasonable and gross so as to shut out..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(2), Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 20(3) -- Appeal - Condonation of delay - Power of Appellate Tribunal - Delay in filing an appeal u/s 18(1) of Act can be condoned by Appellate Tribunal u/s 20(3) of RDB Act R/W..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay of 10 days in filing complaint u/s 138 of the Act - Condonation - Complainant issued statutory notice to accused which was received by her on 5.09.2005 - On receipt of notice, accused sent reply notice on 26.09.2005 - Thereafter, complainant was bed ridden due to some serious ailment - Even,..........
