Civil Procedure Code, 1908, Order 5, Rule 20 -..........
Constitution of India, 1950, Article 226, Punjab Land Preservation Act, 1900, Section 3, 4, 5 - - Forest land - Determination of - Held, whether a particular piece of land falls or is excluded from ambit of `Forest Land' is a question of fact to be decided by Forest Department being custodian of `Forest Lands'- High Court in exercise of its discretionary jurisdiction..........
Civil Procedure Code, 1908, Order 22, Rule 11, Limitation Act, 1963, Section 5 -- Non-substitution of LRs - Abatement of appeal - Application for substitution of LRs - Delay therein - Application for condonation of delay - No sufficient cause shown for delay - Held, delay cannot be condoned - Appeal abated for no, substitution of LRs...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Approach to be adopted by court - Held, there should not be hyper technical approach while considering condonation of delay, but while considering inordinate delay Court must find sufficient explanation for condoning such delay - The basic principle is to adopt a liberal approach keeping an eye to substantive..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 5, 15 -- and - Examination of witnesses residing abroad - Issuance of commission - Expenses to be born out - Held, petitioner will bear the cost of commission including officer of this Court and accordingly deposit either entire cost of commission in Court, namely with the Registrar, Original Side or bear all costs..........
Criminal Procedure Code, 1973, Section 482, Consumer Protection Act, 1986, Section 27, Companies Act, 1956, Section 5 -- Complaint against Director of Company alleging deficiency of service - On death of such Direction execution proceedings initiated against petitioner, daughter of Director who was also one of the Directors for non compliance of order of Consumer Forum -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Appeal - On account of legal advice appellant was prevented from filing the appeal in time - Held, explanation for the same is reasonable and bonafide - That differing legal advice could be a sufficient cause, in a given case and Appellant's conduct otherwise bonafide - Delay in filing the first appeal condoned with..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, 5, Criminal Procedure Code, 1973, Section 125 -- Maintenance - Divorced Muslim woman - Applicability of S.125 of Cr.P.C. - Held, where application u/s 3(2) of the Act of 1986 has already been moved, applicability of provisions contained in Ss.125 to 128 of Cr.P.C., in the matter of claim of maintenance,..........
Civil Procedure Code, 1908, Order 45, Rule 15, Supreme Court Rules, 1966, Order 13, Rule 5, 9 -- Execution of Supreme Court's original decree - Procedure for - Held, on construction of O.13.R.5 and 6 of the Supreme Court Rules 1966 together with O.45.R.15 of CPC, registry of Supreme Court was required to transmit original decree to registry of High Court - The use of the..........
Limitation Act, 1963, Section 5, Article 136 -- Execution - Delay - Limitation stipulated under Article 136 of the Act - Cannot be condoned...........
