Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 180 days in filing first appeal - Bonafide reasons - Matter was to be examined by various departments of DDA before filing an appeal - Ultimately decision was taken by Chief Legal Advisor and immediately thereafter appeal was filed - First appeal is a matter of right and there should have been at least..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1155 days in filing appeal - Delay occurred due to file of case kept moving between various offices and thereafter there was delay in preferring appeal - No uncondonable negligence on the part of applicant as good faith and bonafides do not appear to be wanting - Moreover, Court cannot turn away its sight..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Condonation of delay and enquiry u/s 202 Cr.P.C. - Magistrate condoned delay without application of mind to the issue of delay nor delay condoned before issuance of summons - Non application of mind as to whether enquiry u/s 202 Cr.P.C. is required -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing suit cannot be condoned...........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Section 151 -- Setting aside of arbitral award - Condonation of delay - Delay of 159 in re-filing petition - As per S.34(3) of the Act after expiry of 30 days after statutory period of three months, delay of even one day cannot be condoned - Moreover, S.151 CPC cannot be used as tool to..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11 -- Rent and eviction - Delay in deposit of arrears of rent - Condonation of delay - Rent Controller has power and discretion to allow more time than granted to deposit arrears of rent with interest and costs - Contention that Rent Controller has no power is rejected...........
Hindu Marriage Act, 1955, Section 13, 15, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Condonation of delay - Husband got remarried after expiry of appeal period - Allowing application of wife for setting aside ex parte decree at this stage would defeat the rights of husband after divorce, particularly when delay..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of L.R's by setting aside abatement and condoning delay - Deceased plaintiff not survived by her own son and daughter - Sons of brother of plaintiff is not so easily to be known to others - It is sufficient cause for delay causing substitution of LRs - Rejected of petition for condonation of delay and refusal to..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1873 days in filing appeal - Acquisition of land - Appellant a villager who can be given the benefit of doubt of his not being in know of the fact that an appeal was required to be filed - More often than not, the land holder/land loser in cases of compulsive acquisition by the State are rustic villagers..........
Limitation Act, 1963, Section 5 -- Condonation of delay - There is a distinction between delay for a plausible reason and delay because of inaction or negligence which deprives a party of the protection of S.5 of the Act...........
