Civil Procedure Code, 1908, Order 41, Rule 5, Delhi Rent Control Act, 1958, Section 2(l), 14(1)(b), 38(3) -- Eviction order - Appeal against - Stay of execution - Contractual rent Rs.371.90 since 1944 - Premises situated in prime commercial locality - Tenant directed to pay Rs.15, 000/- per month as charges for use and occupation during pendency of appeal - No fault can be..........
Probation of Offenders Act, 1958, Section 34, 5, Indian Penal Code, 1860, Section 325 -- Conviction u/s 325 IPC - Accused not a previous convict - Accused faced trial for 15 years - Accused released on probation...........
Limitation Act, 1963, Section 5 -- High Court Rules and Order, Volume, Chapter 1, Part A Rule 5 - Appeal - Refiling of appeal - Condonation of delay - Delay of 10 years in refiling appeal - No sufficient ground shown for condoning the colossal delay of over 10 years - Appeal liable to be dismissed...........
Motor Vehicles Act, 1988, Section 170, Limitation Act, 1963, Section 5 -- Appeal - Delay - 268 days delay in filing appeal against award in an accident claim petition - Delay alleged to be on the part of Advocate - Nothing to prove as to what action had been taken against Advocate who allegedly played fraud upon the appellant - Sufficient cause thus not shown to condone..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment of property before judgment sought - Furnishing particulars of property - Duty of - It is the decree - holder, who has to furnish all details including description of property to be attached in execution - Attachment of property at instance of judgment-debtor, that too, in a suit for recovery of money, is unknown..........
Prevention of Corruption Act, 1988, Section 5(i)(c), 5(2) -- Conviction in corruption case - Accused face trial for 22 years - Sentence reduced to already undergone - Purpose of criminal law justice is not only to bring discipline, peace and harmony in society but is also to give an opportunity to an erring individual to reform oneself...........
Limitation Act, 1963, Section 5, Article 127, Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside - Petition to be filed within 60 days - S.5 of Limitation Act does not apply to execution proceedings - Petition filed after 60 days is not maintainable...........
Limitation Act, 1963, Section 5 -- Section 5 of the Limitation Act does not apply to execution proceedings...........
Nazool Lands (Transfer) Rules, 1956, Rule 5, 6, 7, 9, 9A, 11 -- Nazool land - Transfer to Co-operative Societies - Amended provisions of 1956 Rules not applicable to the allotments, that were made prior to such amendments - Transferee society selling a part of the land, subject-matter of the allotment, under the Rules when allotment was made - The Government could not..........
Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, Section 4(2), Limitation Act, 1963, Section 5, 29(2) - - Limitation - Condonation of delay - Whether the Special Court constituted under the Act of 1992 has power to condone the delay in filing a petition u/S.4(2) of the Act? - Held that the provisions of the Limitation Act, 1963 has no..........
