Showing : 11-20 of 223 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Haryana Registration and Regulation of Societies Act, 2013, Section 33(2), 40, Limitation Act, 1963, Section 5-- Election - Complaint - Limitation - Once particular time frame is provided under provisions of the Act for purpose of reference of dispute, same has to be adhered to and delay cannot be condoned - Moreover, complaint is to be filed by 1/4th members of collegium within 30 days after declaration of..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 468, 473, 482, Indian Penal Code, 1860, Section 304A-- Delay of 17 days in filing charge sheet - High Court by exercise its power u/s 482, Cr.P.C., condoned the same in the interests of justice in view of the fact that two lives have been lost and it will be a travesty of justice if accused is allowed to go scot-free on the ground of limitation...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 167(5), 468, 482-- Delay of 17 days in filing charge sheet - Plea of bar u/s 167(5) Cr.P.C. taken after cognizance was taken by trial Court - High Court in exercise of its power u/s 482 Cr.P.C. condoned delay as in case delay is condoned accused will not be prejudiced and in fact undue prejudice is to be caused to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
East Punjab Urban Rent Restriction Act, 1949, Section 18A-- Rent and eviction - Leave to defend - Delay in filing application for leave to defend - Delay cannot be condoned as Limitation Act is not applicable - Order upheld...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 19-- Condonation of delay - Restoration of appeal dismissed in default - Sufficient reasons assigned for delay being caused as the factum of appeal listed after 6 years not brought notice of appellant and counsel also did not inform him - Delay condoned - Appeal restored to its original number...........
HYDERABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay - Delay of 129 days - Defendant is senior citizen aged over 66 years - He failed to take necessary steps in setting aside ex parte decree owing to old age and age related ailments - Court below ought to have been more liberal in its approach..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside - Condonation of delay - Delay of 5 years and 8 months in assailing the award - Delay beyond period of 3 months 30 days not condonable - Delay not condoned - However, appeal dismissed with exemplary cost quantified at Rs.5 lakhs on account of abuse of judicial..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay - Defendant failed to appear on account of illness and subsequent death of her husband - Sufficient cause shown by defendant for her no, appearance before trial Court - Delay condoned - Ex parte decree set aside...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 378, Limitation Act, 1963, Section 5-- Appeal - Delay - Condonation of delay - Delay in filing appeal due to incorrect legal advice - It cannot be considered that applicant deliberately and mala fidely filed the appeal belatedly - Court must be extremely liberal in the matters of condonation of delay and if a person has acted in bona..........

Showing : 11-20 of 223 Results