Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Sometimes, due to want of sufficient cause being shown or an acceptable explanation being offered, delay of shortest range may not be condoned whereas, in certain other cases, delay of long periods can be condoned if the explanation is satisfactory and acceptable...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Condonation of delay being a discretionary power available to Courts, exercise of discretion must necessarily depend upon sufficiency of cause shown and degree of acceptability of the explanation and length of delay is immaterial...........
Insolvency and Bankruptcy Code, 2016, Section 5(7), (8)(f) -- Financial creditors - Home buyers and allottees of real estate projects are included in the class of financial creditors because financial debt is owed to them - No distinction is per se made out between different classes of financial creditors for the purposes of drawing a resolution plan...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Ex parte preliminary decree - Suit for recovery of money - Preliminary decree passed after defendants have cross-examined PWs 1 & 2 at length - It cannot be said that it is an ex parte decree - Defendants failed to adduce evidence in spite of sufficient time being..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Stay was granted subject to condition of payment of rent/damages - However, trial Court did not grant any damages/rent in decree - Trial Court has only ordered that plaintiff is entitled to claim damages if possession of property is not delivered pursuant to said decree by way of filing a..........
Civil Procedure Code, 1908, Order 5, Rule 2 -- Service of summons - Service contemplated in terms of O.5.R.2 CPC would imply service of summons along with the copy of plaint...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Plaintiff suffered an order of dismissal, as his counsel has noted wrong date of hearing in his diary - Litigant cannot be made to suffer on account of negligence or lapse on the part of his advocate - Sufficient cause shown by plaintiff..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 474, 411, 409, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Cheating - Numerous complaints were filed by depositors and others who were cheated throughout country - Most of complaints have been given subsequent to case registered..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Endorsement of refusal - Amin or postal authorities not examined to prove that wife had refused to receive notice - Wife stated that she came to know about the proceedings only through reply can be reasonably considered in her favour - Even,..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 162 days in filing application to set aside ex parte preliminary decree - Delay occurred due to ill heath of defendant - Medical certificate was filed to justify the ground taken for such delay - Ground taken by defendant is not frivolous - Period of delay is not too long and due to prevalence of COVID-19..........
