Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Delay in filing of complaint - Nothing mentioned in prayer clause to condone delay in filing complaint nor Court concerned condoned delay suo moto while passing summoning order - Trial Court without considering legal provisions for..........
Arbitration and Conciliation Act, 1996, Section 37, Limitation Act, 1963, Section 5, Article 116 -- Arbitration award - Petition u/s 34 dismissed - In preferring appeal, delay of 189 days from 90 days given under Art.116 of Limitation Act - In the period of 90 days grace period of 30 days by following Lachmeshwar Prasad Shukul case - Present delay beyond 120 days cannot be..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 12 days in filing criminal appeal by State - Public prosecutor was busy in other Government works due to which appeal could not be filed beyond 12 days from limitation period - There was thus, sufficient ground for condonation of delay - Delay rightly condoned...........
Consumer Protection Act, 1986, Section 24A -- Condonation of delay - Delay of 150 days in filing first appeal - Delay of 150 days not so alarming so as to reject appeal on ground of delay - Delay condoned subject to payment of costs of Rs.25,000/-...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 552 days in filing petition for setting aside ex parte decree - Dispute involves recovery of possession of property and removal of permanent structures - Thus, it would be just and proper to give an opportunity to defendants to contest matter on merits - Delay condoned subject to payment of costs of..........
Civil Procedure Code, 1908, Section 96(2), Limitation Act, 1963, Section 5 -- First appeal against ex parte decree - Condonation of delay of 546 days - Earlier there was delay of 276 days in filing application U.O.9.R.13 CPC - Pursuing application U.O.9.R.13 CPC has caused further delay of 270 days - Defendant shown his bona fide by depositing Rs.25 lakhs in compliance of..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 15 days in filing first appeal - Delay can be condoned as meritorious matters cannot be thrown at the verge of technicalities - Moreover, delay can be condoned subject to payment of adequate costs by petitioner in terms of S.35-B CPC - Delay condoned subject to payment of cost of Rs.15,000/-...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Limitation Act, 1963, Section 5 -- Abatement of suit - Delay in bringing on record LRs of deceased defendant - Condonation of delay - Neither plaintiff was aware of fact that defendant had expired on Sep. 2013 nor had he committed any intentional delay in filing application after Oct. 2015 - LRs of deceased defendant were..........
Railways Act, 1989, Section 124A, Limitation Act, 1963, Section 5 -- Compensation - Condonation of delay - Delay of 557 days - Absence of any provision of Railways Act providing for condonation of delay in filing claim application is of no consequence nor can respondent be heard to say that in absence of any such provision providing condonation of delay in Railways Act,..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Contention that in application, there is no reference to number of days of delay which were sought to be condoned - Application for condonation of delay make specific reference with regard to date on which claim was required to be filed and date on which it was filed - Tribunal on making calculation has condoned..........
