Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 789 days in filing appeal - Sufficient cause - Explanation offered by petitioner that on account of his migration to other State he could not meet his counsel within time and failed to file the appeal is not bona fide - More so, participation of petitioner in final decree proceedings exposes falsity of his..........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 20, Rule 5 -- Issues framed - Parties leading evidence - Trial Court to give its decision on all issues, notwithstanding the fact that suit may be decided on the basis of one technical issue...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 33, Rule 1, 5, 7 -- Rejection of plaint - Order allowing to sue as indigent person - Remedy is available to defendant to challenge the order - Order allowing to sue as indigent person cannot be agitated by filing an application U.O.7.R.11 CPC that report obtained from Collector is not correct..........
Essential Commodities Act, 1955, Section 3, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5, 9 -- Retail petroleum outlets - Cancellation of dealership of appellant - Applicability of 1971 Act - Since dealership of appellant has been cancelled, he cannot claim to retain possession on basis of ownership of land as the lease is in continuance -..........
Civil Procedure Code, 1908, Order 8, Rule 6A, 5 -- Counter claim - Non-filing of written statement to the counter claim - Facts in counter claim deeded to be admitted in view of O.8.R.5 CPC - Facts admitted need not be proved...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Lack of funds to file an appeal engaging the counsel is not a ground to condone the delay...........
Civil Procedure Code, 1908, Order 41, Rule 3A, Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay - Delay of 168 days in filing appeal - No sufficient cause mentioned in the affidavit regarding delay except making bald unsubstantiated allegation - Basing on lame excuse or unsubstantiated cause, it is difficult to condone delay - Delay not condoned -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - If appeal was decided on merits without any specific order condoning delay, delay must be deemed to have been condoned...........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), 5 -- Disproportionate assets - Less than 10% of the total income - Accused entitled to acquittal - Accused acquitted...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Condonation of delay - Court can direct payment of a portion of the decretal amount or the cost, while exercising discretion for setting aside ex parte decree or condoning delay...........
