Limitation Act, 1963, Section 5 -- Period of 30 days for filing appeal - Pronouncement of order in the presence of appellant - Contradiction between recording of presence in certified copy of order as well as interlocutory order - Appellant must have acquired knowledge of order when received a notice calling upon him to deposit deficit amount - Limitation for filing appeal..........
Limitation Act, 1963, Section 5 -- Condonation of delay in filing appeal - Liberal approach has to be followed - Court should not proceed with the tendency of finding fault with the cause shown and reject the petition - Acceptance of explanation furnished should be the rule and refusal an exception...........
Criminal Procedure Code, 1973, Section 468 -- Haryana Development and Regulation of Urban Areas Act, 1975, Sections 3(i) and 10 - Cognizance of offences - Limitation - Quashing of FIR - FIR registered on 8.11.1983 for violation of provisions of Clause (i) of Section 3 of the 1975 Act - Challan submitted on 11.11.1986 - Delay not explained - Continuation of proceedings..........
Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 - Bail - Search and seizure - Recovery of 14 bags containing total 490 Kgs of poppy husk lying along side wall of the drawing room - Petitioner alongwith another person found sitting on the cot in the same room - Recovery made is commercial quantity in terms of..........
Consumer Protection Act, 1986, Section 21 -- Revision - Condonation of delay - Explanation given for the delay of one month - Examination of the matter at various levels before taking a decision to file the Revision Petition and also that majority of the documents were in vernacular and had to be translated in English - No force in this explanation - All this could have..........
Easement Act, 1882, Section 15, Limitation Act, 1963, Article 65 -- Easementary right of passage - Limitation - Strip of land, a joint family property, kept joint by ancestors of the parties for the purpose of use of the same as a passage - It is Art.65 Limitation Act which applies and not S.15 of the Easement Act...........
Consumer Protection Act, 1986, Section 15 -- Revision to be treated as Appeal - Insurance claim - Theft - Repudiation - Complaint dismissed by District Forum on the ground that the case is complicated one - Complainant filing revision challenging the correctness of the order passed by the District Forum - Contention of insurance company that order passed by the District..........
Limitation Act, 1963, Article 113 -- Suit for correction of a mistake in sale deed- Cause of action arises when plaintiff came to know that there is a mistake in sale deed-Right to sue accrues only when mistake comes to knowledge of plaintiff- Charanjit Kaur's case 1977 PLJ 344 Followed...........
Punjab Redemption of Mortgages Act, 1913, Section 12, Limitation Act, 1963, Article 61 -- Suit for redemption filed within 1 year from date of order of Collector on application filed within prescribed period of limitation - Order passed by Collector held to be wrong by Court - Consequential relief of redemption should have been granted...........
Limitation Act, 1963, Section 18 -- Admission of facts of which liability in question a necessary consequence - Acknowledgement within meaning of Section 18 - Not necessary that there should be a specific and direct acknowledgement of a particular liability - Admission by defendant (mortgagee) in written statement - Can be taken as sufficient acknowledgement of additional..........
