Showing : 231-240 of 815 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay to be condoned when there is no negligence on the part of the applicant and the cause shown for the delay does not lack bona fides - In case explanation given is found to be concocted or applicant is thoroughly negligent in prosecuting his cause, then delay should not..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Limitation Act, 1963, Section 5-- Condonation of delay - State and/or its agencies/instrumentalities - No premium can be given for total lethargy or utter negligence on the part of its officers - Delay cannot be condoned as a matter of course by accepting the plea that dismissal of the matter on the ground of bar of limitation..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for specific performance - By way of amendment plaintiff furnished more details about the mode of payment of consideration - There is no inconsistency and amendment sought for is not barred by limitation - Amendment allowed - No interference...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Pleadings - Amendments - Factors to be taken into consideration : (1) whether the amendment sought is imperative for proper and effective adjudication of the case; (2) whether the application for amendment is bona fide or mala fide; (3) the amendment should not cause such prejudice to the other..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Limitation Act, 1963, Article 136-- Execution of decree - Limitation - Time once starts to run cannot be arrested when separate suit challenging the decree is filed or when an appeal is filed, in the absence of stay of operation of judgment and decree...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Limitation Act, 1963, Article 136-- Execution - Limitation - Two conditions for execution of the decree are (i) the judgment has to be converted into a decree and (ii) the decree should be enforceable - Limitation cannot be said to begin only when the decree is engrossed on the stamp paper...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Limitation Act, 1963, Article 136-- Decree - Execution - By a separate suit decree challenged to be result of fraud - Suit remained pending for 21 years - At no point of time, there was any order of any Court directing stay of operation of judgment and decree - Held, In the absence of any interdiction from any Court, the decree..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Limitation Act, 1963, Section 5, Article 136-- Execution - Delay - Limitation stipulated under Article 136 of the Act - Cannot be condoned...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Limitation Act, 1963, Section 5-- Delay - Condonation - Government or a wing of the Government - In absence of plausible and acceptable explanation delay not to be condoned mechanically merely because the Government or a wing of the Government is a party to the lis - It is the right time to inform all the Government bodies, their..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Army Act, 1950, Section 122,52(f), Army Rules, 1954-- General Court Martial - Limitation - Appellant a colonel in army - Made purchases by flouting the rules and causing loss of Rs.60.18 lakhs - Offence came to knowledge of general officer commending in chief central command on 07.05.2007 - General officer commanding ordered convening of general..........

Showing : 231-240 of 815 Results