Limitation Act, 1963, Section 5 -- Condonation of delay - A lenient and justice oriented view is required to be adopted...........
Civil Procedure Code, 1908, Order 9, Rule 8, 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Plaintiff is not disclosing his source of information and date of knowledge about impugned order from whom he found that suit is dismissed for default - Therefore, Court can draw an inference that plaintiffs had knowledge..........
Limitation Act, 1963, Section 5 -- Condonation of delay - While considering an application for condonation of delay, Court is required to take into account nature of lis and conduct of parties...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 9, 3 -- Condonation of delay - Abatement of suit - Partition suit - Delay was occasioned due to petitioners being unaware of pendency of suit - Explanation offered by petitioners is plausible and ought to have been accepted by trial Court - In a suit for partition, it is in the interest of all..........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - In order to accept service as valid service particularly, when report is to the effect that respondent refused to accept summons then, it become duty of Court to examine Process Serving Officer if his report is not on affidavit - Even if Process Serving Officer gives his report on affidavit,..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Dismissed in default - Condonation of delay - Eviction suit - Delay in question cannot be held to be fatal or prolonged - There was a slight delay, which has been satisfactorily explained by plaintiffs - Important questions of law and facts are involved in the suit and..........
Provident Fund Act, 1925, Section 4(1)(b), 4(1)(c)(i), 5, General Provident Fund (Central Service) Rules, 1960, Rule 33(ii) -- General Provident Fund (GPF) - Release of funds to nominee - Nominee has primacy to receive the amounts standing in the name of a depositor upon his death - However, if amount in provident fund account exceeds more than Rs.5,000, nominee is..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Several laches on the part of petitioner and there is clear negligence and inaction in pursuing the matter - In such circumstances, delay cannot condoned liberally...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Furnishing security in lieu of attachment - Security/surety bond furnished stands as substitute for attachment - Purpose of such security is to ensure satisfaction of decree in the event suit is ultimately decreed - Merely because suit has been decreed does not render security bond otiose or unenforceable - What comes to an..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Furnishing security in lieu of attachment - Once suit is decreed security furnished pursuant to an order U.O.38.R.5 CPC survives and enures to the benefit of DH - At the stage of execution liability of surety arises in terms of bond furnished by him...........
