Showing : 1-10 of 37 Results

TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Application within 30 days of passing of ex parte decree - Parties engage Advocate and rely on Advocate to take care of their interests, if they are not properly advised by Advocate and when they immediately approach Court within stipulated period of limitation,..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement to counter claim - Not filed within 30 days - Extension of time has to be sought by filing an application - Written statement filed beyond 30 days without objection by defendant - Does not absolve Court of its duty to record reasons in writing for receiving written statement..........
SIKKIM HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 374-- Appeal against conviction - Delay - Condonation - Delay of 74 days in filing of appeal - Period of limitation for filing appeal is 60 days - Satisfactory grounds have been furnished for delay to which personal pre-occupation of counsel also comprised a contributory factor - There is no gross..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 148, Order 6, Rule 18-- Amendment of plaint allowed - Failure to amend plaint within 14 days of order - Extension of time - Fair copy of plaint not filed for a period of 3 years and 7 months - Delay cannot be condoned by invoking S.148 CPC - More so, it is not open to plaintiff to blame his counsel for his own negligence..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 125, 311-- Maintenance - Re-examination - Maintenance proceedings - Lacuna in evidence - Respondent wife due to negligence and mistake on the part of counsel was examined-i, chief by way of affidavit instead of getting her statement recorded on oath - Application filed by wife for her re-examination to..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte Decree - Setting aside - Sought after five years of passing of decree and delay condonation application filed after ten years of filing application - Ground stated that counsel failed to inform about the passing of decree - Petitioner made no efforts to inquire about status of case which..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Sought in second appeal - Plea of negligence of counsel - Said plea cannot be accepted on the face of record - Moreover, plaintiff was very well conscious about his admission made in his original pleadings - Amendment cannot be allowed at this belated stage on the ground that..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Sufficient cause - Governing principles - (i) There should be a liberal, pragmatic, justice-oriented, no, pedantic approach while dealing with an application for condonation of delay, for the courts are not supposed to legalise injustice but are obliged to remove injustice;..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Validity - Some mistake in case records represented before Magistrate by appellant/complainant - Instead of taking any earnest and speedy steps to correct mistake occurred in present case complainant and his counsel protracted proceedings in another case by..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 311-- Recall of witness for cross examination - Even if cross-examination of witnesses could not be conducted because of negligence either of Public Prosecutor or that of Counsel for complainant, prosecution could not be made to suffer for the error so committed- It is the duty of Court to see that..........

Showing : 1-10 of 37 Results