Showing : 41-50 of 223 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
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...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
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 S.18(2) of SARFAESI Act - As RDB Act and SARFAESI Act are complimentary to each other...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex-parte proceedings - Setting aside - Where vital rights to an immovable property are involved, negligence is not such that it cannot be condoned by making payment of costs to plaintiff considering that valuable rights in an immovable property is involved and the period of non appearance an delay..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 41, Rule 3A, Limitation Act, 1963, Section 5-- Appeal - Condonation of delay - Delay of 168 days in filing appeal - No sufficient cause mentioned in the affidavit regarding delay except making bald unsubstantiated allegation - Basing on lame excuse or unsubstantiated cause, it is difficult to condone delay - Delay not condoned - Application..........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 473-- Condonation of delay - Delay can be condoned considering circumstances of the case and also on noticing that delay has been properly explained or if Court finds that it is necessary so to do in the interest of justice - S.473 Cr.P.C. gives wide discretion to Court than that is provided by S.5 of..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Ex-parte order - Setting aside - Notice not given before passing order dated 3.12.2004 - Recall application rejected - Appeal filed alongwith delay condonation application - Delay condoned and appeal allowed - Once finding is recorded that order dated 3.12.2004 was an ex parte order, delay was..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Limitation Act, 1963, Section 5-- "Sufficient cause" - To receive liberal construction so as to advance substantial justice - When there is no negligence, inaction or want of bona fide is imputable to the applicant, the delay has to be condoned - Discretion is to be exercised like any other judicial discretion with vigilance and..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Application for delay condonation filed after 11 years - While considering the rustic nature of applicant, delay condoned subject to payment of Rs.5,000/- as costs...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Delay of 21 days - As defendant was not duly served as such she could not have been proceeded ex parte - Delay sufficiently explained that defendant was a rustic lady and she could not arrange funds - Delay condoned - Ex parte decree rightly set aside...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Not filed within time - Permission to file written statement was sought after obtaining the copy of plaint by newly added defendant - There is no undue delay on the part of defendant - Moreover, provision of O.8.R.1 CPC is directory in nature and delay if any can be condoned in..........

Showing : 41-50 of 223 Results