Limitation Act, 1963, Section 5 -- Condonation of delay - Person of 73 years of age - Plight of aged person cannot be ignored while considering S.5 of Limitation Act application...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 401 days - Defendant was aged about 73 years and suffered from jaundice - Reasoning put forth by defendant is within contour of definition "sufficient cause" - However, due to delay, plaintiffs would have definitely suffered..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 52 days in filing appeal - When parties are litigating with regard to right over immovable properties, substantial rights were to be decide between parties - Delay could have been condoned and appeal could have been decided on merits - Impugned orders of appellate Court and High Court set aside - Delay..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 52 days in filing appeal - When parties are litigating with regard to right over immovable properties, substantial rights were to be decide between parties - Delay could have been condoned and appeal could have been decided on merits - Impugned orders of appellate Court and High Court set aside - Delay..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 376(2)(f), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape - Refusal on the part of complainant to cooperate with investigation makes out strong case to suspect veracity of allegations - In such..........
Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape - When materials placed on record itself are not sufficient to attract a prima facie case of any of offences u/ss 376(3), 376(AB), 376(DA), 376(DB) IPC or false nature of allegations is evident from..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 376(2)(f), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape of 3-1/2 years old girl by her own father - Plea of false allegation - Reluctance on the part of mother of child to produce child before clinical..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5 -- Maintenance to mother - Able body sons - If an able bodied person is bound to maintain his dependent wife, there is no reason why such a rule should not apply when it comes to the case of a dependent mother...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5 -- Maintenance to mother - Unwilling parents cannot be forced to reside with their children...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5 -- Maintenance to mother - Suppression of rental income by sons - Such a culpable conduct of sons disentitle them to any relief in the equitable jurisdiction under Article 227 of the Constitution...........
