Limitation Act, 1963, Section 5 -- Condonation of delay in filing appeal by State - Preferential treatment in terms of State of Haryana v. Chandra Mani's case JT 1996(3) SC 371 - Pre - supposes bona fide act and responsible attitude on the part of State and its Officers - A remedy when gets barred by time, a definite right is vested in otherside - State cannot be permitted..........
Limitation Act, 1963, Section 5 -- Delay of more that 350 days in filing appeal by State - Appeal not accompanied by application under Section 5 - Returned by Registry - Re - filed accompanied by application under Section 5 - Delay to be explained from the date judgment pronounced to the date when appeal filed accompanied with application under Section 5 - Delay not..........
Criminal trial -- Circumstantial evidence - Wife died of extensive burn injuries - Allegation that deceased was beaten by accused and was set on fire - No direct evidence - Circumstantial evidence - Accused ill-treating deceased on ground of insufficient dowry - Delay in communicating death to parents of deceased - Complaint of father of deceased that deceased died in..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Cause of action arose on 16.12.1993 - Complaint filed on 22.3.1996 - Complaint filed after lapse of around four months from the date on which the limitation expired for filing of complaint - Complainant did not move any application for condonation of delay before the District Forum - District Forum justified in..........
Licensing of Tenements and Sites and Services in Chandigarh Scheme, 1979 -- Clauses 27 and 28 - Licensing of Tenements and Transit Sites in Chandigarh Scheme, 1975, Clauses 19 and 28 - Appeal filed after 11 years against order terminating licence (in 1979, death of licensee in 1986, son of deceased licensee filed appeal in 1990) for no, payment of licence fee - No..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - If the party is able to prove that he has incurred a substantial loss and that he has got a fairly arguable question, then the Court has certainly enough to grant a stay - Delay is one of the factors which would also weigh the mind of Court in granting the stay...........
Agreement to sell -- Suit for specific performance - Alternative prayer for liquidated damages/compensation - No fault can be attributed to the plaintiff - Plaintiff was always ready and willing to perform his part of the contract and had gone to the Court complex with money on the appointed days - No averments of fraud pleaded - No allegation that plaintiff had breached..........
Haryana Panchayati Raj Act, 1994, Section 177(2) -- Appeal - Section 177(2) prescribes a period of 15 days from date of decision - Appeal time - barred and no application to condone delay - Dismissed...........
Limitation Act, 1963, Section 5 -- Not applying for certified copy of judgment - No ground for condonation of delay per se...........
Limitation Act, 1963, Section 5 -- Condonation of delay application - Must be supported by a proper affidavit - Affidavit in support of application typed and attested before application itself typed - Not proper affidavit - Means that application and its contents not known to person who had sworn affidavit in support of application...........
