Showing : 21-30 of 2918 Results

RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Offence by company - Company not impleaded as a party - Complainant an illiterate lady and rustic villager - Liberty granted to file application u/s 14 Limitation Act seeking exclusion of period during which he was prosecuting complaint against accused alone while filing a..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17-- Impleadment of LRs of deceased defendant - Maintainability of application - There is no bar for filing application U.O.1.R.10 CPC, even when application U.O.22.R.4 CPC was dismissed as not maintainable - Legal heirs of deceased person in such a matter can be added parties U.O.1.R.10 CPC r/w S.151..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1963, Article 58, 65-- Suit for declaration and possession - Limitation - Merely because one of the reliefs sought is of declaration that will not mean that outer limitation of 12 years is lost - Suit will be governed by Art.65 of Limitation Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for permanent injunction - Plaintiff was aware of correct address of defendant but intentionally did not give the same - No explanation come forth in plaint or in evidence of giving other address of defendant, which was not supported by any documentary..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5-- Condonation of delay - In case delay is not that inordinate and other party can be monetarily compensated, then Court rather than following a hyper technical approach has to follow a approach which is more humane and justice oriented...........
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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13-- Dismissal of application to set aside exparte decree - Condonation of delay in filing appeal against exparte decree - Time spent in pursuing application U.O.9.R.13 CPC is to be taken as `sufficient cause' for condoning delay in filing first appeal...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Article 122-- Restoration of suit dismissed in default - Statutory period for filing restoration application is the date of order and not knowledge of order - Condonation of delay is not permissible in absence of an application - No permission can be granted to an aggrieved party for filing an application for..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1963, Section 5, 29(2), Hindu Religious Endowment Charitable Act, 1959, Section 69- - Applicability of S.5 of Limitation Act - Appeal u/s 69 of 1959 Act - Commissioner while hearing appeal u/s 69 of the Act is not entitled to condone the delay in filing appeal, since provisions of S.5 of Limitation Act shall not be attracted by strength of S.29(2) of Limitation Act...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1963, Section 5, Hindu Religious Endowment Charitable Act, 1959, Section 69- - Applicability -\\\\ of S.5 of Limitation Act - Appeal u/s 69 of 1959 Act - Provision of S.5 of Limitation Act is not applicable in proceedings before Commissioner, as per Scheme of 1959 Act...........

Showing : 21-30 of 2918 Results