Limitation Act, 1963, Section 5 -- Condonation of delay is a matter of judicial discretion, which must be exercised judiciously and reasonable in facts and circumstances of a case...........
West Bengal Premises Tenancy Act, 1997, Section 7(1), Limitation Act, 1963, Section 5 -- Eviction petition - Delay in depositing admitted arrear of rent - Condonation of delay - Applicability of S.5 of Limitation Act - Deposit of rent along with application for determination of dispute is a pre-condition to avoid eviction on ground of non-payment of arrears of rent..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay - Condonation - Delay of 28 days - Ground of ill-health - Dismissal of application U.O.9.R.9 CPC bars institution of fresh suit - However, if application itself contains sufficiency of reasons for condonation of delay then there is no necessity..........
Limitation Act, 1963, Section 5 -- Condonation of law - In the matter of condonation of delay and laches, accrued right of opposite party cannot be lightly dealt with...........
Limitation Act, 1963, Section 5 -- Condonation of law - Consideration for condonation of delay would not depend on status of party i.e Government or public bodies so as to apply a different yardstick but ultimate consideration should be to render even handed justice to parties...........
Limitation Act, 1963, Section 5 -- Condonation of law - Delay of 916 days in filing LPA - There was delay and laches in filing writ petition itself at first instance from which present appeal had arisen - Even though writ petition was filed after obtaining approval of Executive Council, no steps were taken to file writ appeal for 916 days after disposal of writ petition -..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay - Condonation - Delay of 26 days - Ground of ill health - No documentary evidence in support thereof - Delay is not abnormal - Delay condoned subject to payment of costs of Rs.1,000/- - Suit restored...........
Punjab Co-operative Societies Act, 1961, Section 68, Limitation Act, 1963, Section 5 -- Appeal - Delay of 491 days - Condonation of delay - Although there is delay in filing appeal and there is no provision for condonation of delay before appellate authority as well as revisional authority but as delay has been duly explained by petitioner in filing appeal with further..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of more than 534 days in filing appeal against decree passed in Counter claim - Respondent has not approached Court with clean hands as he suppressed material facts, that too, deliberately and intentionally and thereby tried to gain an unfair advantage from the Court, that too, by casting serious allegations..........
Limitation Act, 1963, Section 5, Article 136, Civil Procedure Code, 1908, Order 21 -- Limitation - Condonation of delay - Execution - Filing of appeal or second appeal would not condone delay to restrict period of limitation for purpose of filing an Execution petition until or unless, execution of judgment and decree under challenge stood expressly stayed by Appellate..........
