Bombay, Maharashtra Stamp Act, 1958, Section 53A -- Limitation - Recovery of the deficit duty is passed on 14 August 2012 which is beyond the period of 6 years and therefore, the impugned orders are beyond the limitation period provided under Section 53A(1) of the Act...........
Bombay, Maharashtra Stamp Act, 1958, Section 32C, 53A -- Limitation - Reasonable time - If Section 53A(1) provides only for initiation of the proceedings within six years then within what time from the date of initiation should an order be passed under Section 53A(1) of the Stamp Act ? - The reasonable period has to be construed based on the Scheme of the Act - The maximum..........
Bombay, Maharashtra Stamp Act, 1958, Section 53A -- Limitation - Validity - Whether the impugned order can be said to have been passed within reasonable period from the expiry of six years, if we accept the submissions of the respondents ? - Impugned order dated 14 August 2012 cannot be said to have been passed within the limitation period of 6 years provided under Section..........
Succession Act, 1925, Section 276, 278, Limitation Act, 1963, Article 137 -- Probate/Letters of administration - Limitation - Very nature of proceedings and nature of cause which is continuous would entitle appellant to get letters of administration or Probate of property on basis of Will executed by testator - Application for probate of Will cannot be treated as barred by..........
Limitation Act, 1963, Section 5, Commercial Courts Act, 2015, Section 13(1A) -- Condonation of delay - Delay of 154 days in filing appeal - Plea of physical ailments of proprietor duly supported by medical evidence, factum of passing of order impugned coming into light by way of inquiry conducted by a subsequently engaged counsel, coupled with a very significant aspect..........
Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Delay should not be condoned as a matter of routine without sufficient reasons - Court while condoning delay has to record reasons for its satisfaction and same must reflect in the order - Extension of period of limitation merely on ground that it is necessary to do so in the interest of justice and not..........
Limitation Act, 1963, Section 21, State Financial Corporation Act, 1951, Section 29 -- Execution - Maintainability - An exercise must be done while deciding the application and a further order is to be passed to that effect immediately and not after the suit is decreed - The records reveal that the application under section 21 was filed only in 2005 - after the decree had..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9(2), Limitation Act, 1963, Section 5 -- Impleadment of L.R's - Non substitution - Abatement of appeal - Application for impleadment filed without accompanied by an application for condonation of delay - Nearly two months later application filed U.O.22.R.9(2) r/w S.5 Limitation Act - This sequence of filings, devoid of timely..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance and permanent injunction - Amendment sought to incorporate the fact that registered sale deed executed by defendant no.1 in favour of defendant no.2 is not binding on plaintiff and is null and void - Plaintiff not sought amendment within reasonable time despite defendants..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 89 -- Auction sale - Setting aside on deposit of amount - Auction purchaser was not given notice and opportunity to contest the execution petition - Aspect whether JD can be permitted to deposit the amount under any exceptional circumstances was not discussed - There is no examination of aspects whether JD could make..........
