Limitation -- Extension of limitation due to COVID-19 pandemic - Order dated 15.03.2020 extending limitation in filing petitions/applications/suits/appeals/all other proceedings was extended from time to time - Since order dated 15.03.2020 has served its purpose as such extension of limitation will come to an end with the directions, viz. (i) In computing the period of..........
Civil Procedure Code, 1908, Section 35, Order 7, Rule 14(3) -- Costs - Application U.O.7.R.14(3) CPC allowed and document directed to be taken on record on payment of cost of Rs.1,000/- - Cost was accepted by defendant - Imposition of costs only compensatory in nature to tide delay in proceedings - Acceptance of costs by defendant would not amount to waiver of right to..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 449 days in filing first appeal - First appeal filed by similarly situated appellants have already been allowed - Keeping in view the averments made in application, prayer for condonation of delay is squarely covered in favour of appellant - Delay condoned...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing first appeal - Appellate Court cannot decide appeal unless application for condonation of delay is decided in favour of appellant...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 628 days in filing appeal - Delay in filing appeal not occasioned deliberately or on account of mala fide - But occurred due to negligence and lack of competence of concerned officers who could not even arrange for certified copy of judgment and decree of trial Court for about 2 years - Delay condoned..........
Indian Penal Code, 1860, Section 302 -- Murder - Appeal against acquittal or conviction - Delay - Courts do not ordinarily dismiss an appeal against a judgment and order of trial Court whether of conviction or acquittal on sole ground of some delay in a criminal case involving serious offence of murder...........
Arbitration and Conciliation Act, 1996, Section 34, 37(1)(c) -- Arbitration award - Objections - Delay - Refusal to condone delay - An appeal is maintainable against an order refusing to condone delay in filing an application u/s 34 of the Act to set aside an award...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Application for condonation of delay in filing appeal cannot be rejected merely on the ground that there is great delay because law of limitation is not meant to take away right of appeal and length of delay is not very much material if there is some substance in ground and on merit also...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction along with application for condonation of delay - Order to deposit 50% of compensation amount as a pre-condition for hearing appeal and application - Minimum of 20% of compensation amount may be directed to be paid at the time of hearing of appeal - Appellate Court..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Interlocutory application filed u/s 5 of Limitation Act r/w O.41.R.3-A CPC to condone delay in filing appeal is not `incidental proceedings' referred in O.41.R.14(4) CPC...........
