Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - Period of limitation - Appeal filed in 1999 - Notices sent earlier but record was destroyed in the fire incident and notices were again served in April 2014 - Cross-objections filed in 2015 - Held, if a cross-objector fails to file cross-objections within stipulated time, then his right to file..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Condonation of delay - Delay of 1433 days in filing appeal against ex parte decree - Defendants elected to prosecute and proceed only with application U.O.9.R.13 CPC, but not with the remedy of appeal u/s 96 CPC - They filed appeal after a fairly long period of time nearly 1433..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay cannot be condoned as a matter of course and reasonable and sufficient cause has to be shown as to why delay occurred - In the instant case, there is absolutely no explanation with regard to delay, which is nearly of 1000 days - Moreover, record itself shows tampering of documents i.e incorporating date in..........
Limitation Act, 1963, Section 5 -- Condonation of delay in filing appeal against ex parte decree - Delay of 36 days - Defendant mentioned the delay of 17 days in place of 36 days in filing appeal which defendant admitted was a clerical omission - Court is always liberal so as to advance substantial case of justice instead of dismissing case on technical ground -..........
Haryana Registration and Regulation of Societies Act, 2013, Section 33(2), 40, Limitation Act, 1963, Section 5 -- Election - Complaint - Limitation - Once particular time frame is provided under provisions of the Act for purpose of reference of dispute, same has to be adhered to and delay cannot be condoned - Moreover, complaint is to be filed by 1/4th members of collegium..........
Limitation Act, 1963, Section 5, West Bengal Premises Tenancy Act, 1997, Section 43 -- Delay of 952 days in filing of second appeal - Eviction suit - Petitioners substantiated their lack of knowledge about restoration of appeal - Even, petitioners substantiated that they had no scope to contest appeal before first appellate Court and no vakalatnama was filed on their..........
Limitation Act, 1963, Section 5, Land Acquisition Act, 1894, Section 54 -- Land acquisition - Condonation of 3671 days delay in filing appeal - Appellants are agriculturists whose lands were acquired - Similar situated agriculturists were given a higher rate of compensation as such there is no reason to decline the same to appellants merely on the ground of delay -..........
Criminal Procedure Code, 1973, Section 468, 473, 482, Indian Penal Code, 1860, Section 304A -- Delay of 17 days in filing charge sheet - High Court by exercise its power u/s 482, Cr.P.C., condoned the same in the interests of justice in view of the fact that two lives have been lost and it will be a travesty of justice if accused is allowed to go scot-free on the ground of..........
Criminal Procedure Code, 1973, Section 167(5), 468, 482 -- Delay of 17 days in filing charge sheet - Plea of bar u/s 167(5) Cr.P.C. taken after cognizance was taken by trial Court - High Court in exercise of its power u/s 482 Cr.P.C. condoned delay as in case delay is condoned accused will not be prejudiced and in fact undue prejudice is to be caused to the State and the..........
East Punjab Urban Rent Restriction Act, 1949, Section 18A -- Rent and eviction - Leave to defend - Delay in filing application for leave to defend - Delay cannot be condoned as Limitation Act is not applicable - Order upheld...........
