Showing : 21-30 of 879 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5-- Dishonour of cheque - Condonation of delay in filing complaint - Plea of accused that notice not actually sent in the envelope and envelope received not opened and produced in Court - Court while deciding delay condonation application can order opening of the envelope - Plea of not sending notice..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Limitation - Suit to be filed within three years from date fixed for performance and if no such date is fixed, when plaintiff noticed that performance is refused. (Limitation Act, 1963, Art.54)...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Article 137-- Ex parte proceedings - Setting aside - Limitation - No period of limitation is prescribed for setting aside ex parte proceedings - When no limitation is prescribed then it is Art.137 which applies and limitation for an application U.O.9.R.7 CPC is three years from the date of accrual of cause of..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Article 137-- Ex parte order - Setting aside - Limitation - No limitation is prescribed for filing application to set aside ex parte order - In such a case it is Article 137 applies which prescribes period of limitation of three years when the right to apply accrues...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Where period of limitation for filing an appeal not yet expired or has just expired, Court hearing second proceeding can very well ask party who lost first round whether he intends to appeal and if answer is yes, then it would be prudent to adjourn or stay second proceeding in order..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 17, 18, 19, 20, 21, 22-- Relief u/ss 17 to 22 of the Act - Limitation - No limitation is prescribed to institute a claim seeking relief u/s 17 to 22 of the Act - Complaint filed by wife after 10 years having left/turned out of her matrimonial home - Not barred by limitation...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Earlier suit for permanent injunction filed - Suit withdrawn and subsequent suit for specific performance filed - Second suit for specific performance is not barred U.O.2.R.2 CPC as (i) Cause of action to claim a relief of permanent injunction and the cause of action to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 468, 469, Drugs and Cosmetics Act, 1940, Section 27(c), 27(d), Indian Penal Code, 1860, Section 420-- Limitation - Offence u/ss 27(c), 27(d) of Drugs Act and S.420 IPC - Limitation is calculated on basis of offence punishable with higher sentence and higher sentence is more than 3 years as per alleged offences - No limitation provided for taking cognizance of offences punishable with imprisonment..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay in filing appeal - Partition suit - Earlier application u/s 5 of the Act filed along with appeal against preliminary decree containing identical assertions rejected by this Court - Rejection of earlier application thus, operates as res judicata - Moreover, there is no..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 34(3)-- Arbitral award - Setting aside - Limitation - Condonation of delay - S.34(3) Proviso of the Act, gives discretion to Court to condone delay for sufficient cause, but that discretion cannot be extended beyond period of 30 days, which is made exclusively clear by use of words `but not thereafter',..........

Showing : 21-30 of 879 Results