Land Acquisition Act, 1894, Section 18 -- Reference application dated 6.11.1975 against Award dated 21.11.1972 - Condonation of delay on the ground that landowner residing outside India for the last many years and had no knowledge of Award - Facts stated supported by affidavit- Allegation denied by Authority for want of knowledge but no specific denial - Delay condoned...........
Land Acquisition Act, 1894, Section 25, 28A, 7(1), 8(1)(b), 11 - - Land acquired by Notification in 1970 under Section 7(1), Award by Arbitrator in 1977 under Section 8(1)(b) - Appeals filed under Section 11 against Award of Arbitrator by some of the landowners-claimants as also by Union of India - High Court in 1983 allowed appeals of landowners claimants and enhanced..........
Civil Procedure Code, 1908, Order 41, Rule 20, Civil Procedure Code, 1908, Order 22, Rule 4 - - Not a case of abatement under Order 22 Rule 4 - Covered by Order 41 Rule 20 - Proper course - To make application under Order 41 Rule 20 and claim condonation of delay...........
Limitation Act, 1963, Section 5, 14 -- Condonation of delay - Appeal filed in Court of District Judge entertained by said Court - Period from date of filing appeal till the date returned by said Court for presentation to proper Court - Ought to be excluded for computing period of limitation - Appeal filed in wrong Court as a result of a mistake resulting from bona fide but..........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal filed before certified copies made available - Appellant entitled to deduct days for obtaining certified copies and thus can file appeal within 30 days after deducting those days - Appeal filed with uncertified copies on 1st September against suit decreed on 25th July, application for certified copies made on 1st..........
Civil Procedure Code, 1908, Section 2(2), Order 41, Rule 3A, Rule 9 - - Order dismissing appeal after dismissal of application under Section 5 Limitation Act - Not a decree within meaning of Section 2(2) of Code - Not open to Court to extend meaning of word "decree" and include in it other kind of orders though they are similar to orders expressly included in the..........
Limitation Act, 1963, Article 97 -- Condonation of delay in filing preemption suit - Not permissible - Limitation for pre-emption suit - One year computed from the time when instrument of sale registered - Not from the date on which pre-emptor plaintiff came to know of registration of instrument - Sale-deed registered at Delhi under Section 30(2) Registration Act although..........
Punjab Municipal Election Rules, 1952, Rule 53(1) -- Condonation of delay - Has to be settled by Deputy Commissioner - Cannot be done without affording opportunity to party against whom period of limitation condoned - Even when Assistant Commissioner or Extra Assistant Commissioner duly authorised to accept election petition filed by one of the defeated candidates -..........
Limitation -- Condonation of delay - Authority competent to condone delay in filing of petition if finds enough of justification or reason to condone delay or remove bar of limitation - Must hear person to whom right has accrued on account of lapse of period of limitation - Where period of limitation prescribed by Statute or Rules for filing of a petition or doing an act,..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Appeal time-barred - Condonation of delay - Discretion exercised in condoning delay - Should not be upset unless view taken totally perverse...........
