Showing : 1-10 of 224 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5-- Restoration of suit dismissed in default - Condonation of delay - Application for restoration filed after about seven months - Such delay cannot be said to be inordinate delay - In case delay is not that inordinate and other party can be monetarily compensated, then Court rather than following a..........
DELHI HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Delay of 45 days in filing complaint - Condonation of delay - Delay is not inordinate - Reasonable explanation for delay in filing complaint rendered by complainant - Nothing pointed out to show that there was negligence on part of complainant or that delay lacks bona fide -..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of 233 days in filing appeals - Appellants were not made parties to original writ petitions and they became aggrieved by order passed in writ petitions - It was thus, a sufficient cause for condonation of delay within meaning of S.5 of the Act - Delay condoned - All..........
MADRAS HIGH COURT
Year of decision: 2018
Details
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..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
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..........
MADRAS HIGH COURT
Year of decision: 2018
Details
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
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..........
KERALA HIGH COURT
Year of decision: 2017
Details
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 days - Only..........

Showing : 1-10 of 224 Results