Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 1265 days in filing application for setting aside ex parte decree - Defendant failed to explain the delay in proper manner - No medical reports were produced for fracture as alleged by defendant - Defendant not produced his passport to show that he was not in..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay in filing application for setting aside ex parte decree - Partition suit - Reason assigned for delay is that close relatives had advised defendant to withdraw the suit and settle dispute - Suit was allowed to be dismissed in default and thereafter restored - This..........
Employee's Compensation Act, 1923, Section 30 -- Appeal - Accident during course of employment - Award of compensation by Compensation Commissioner - Appeal thereagainst - An appeal against said award is maintainable only on substantial question of law in terms of S.30 of the Act - Setting aside of award by High Court on wholly untenable ground of lack of territorial..........
Arbitration and Conciliation Act, 1996, Section 34(2A), 37 -- Arbitral award - Setting aside - Grounds available for setting side an award u/s 34(2-A) of the Act, can be invoked by Court on its own, in exercise of jurisdiction vested in it u/s 37 of the Act...........
Arbitration and Conciliation Act, 1996, Section 34(2A), 28(3) -- Arbitral award - Setting aside - Patent illegality - Sole Arbitrator failed to decide the matter in accordance with terms of contract governing parties, which would certainly attract "patent illegality ground" - Said oversight amounts to gross contravention of S.28(3) of the Act - Arbitral award held, set..........
Agreement to sell -- Specific performance - Readiness and willingness - Concurrent findings of trial Court and first appellate Court - High Court in second appeal ought not to have interfered with such findings of fact unless such findings are found to be perverse - Since findings recorded cannot be said to be perverse and/or contrary to evidence on record, High Court..........
Arbitration and Conciliation Act, 1996, Section 34, Micro Small and Medium Enterprises Development Act, 2006, Section 19 -- Arbitration award - Setting aside - Parties governed by provisions of MSME Act - Requirement of pre-deposit of 75% of amount in terms of award at the time/before entertaining application for setting aside award is mandatory - However, considering..........
Eviction petition -- Exparte decree - Setting aside - Delay of 175 days - As per material on record delay of 175 days was bonafide and has been satisfactorily explained - Delay condoned - Matter remitted back to Rent Controller to hear parties on merits...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant no.1 specifically stated that she happens to be a resident of Canada and plaintiff had not given her correct address of country, resultantly she was never served in that case - There is not much delay in filing application for setting aside ex parte decree - Ex parte decree rightly..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9(5) -- Ex parte decree - Setting aside - Summons issued by registered post received back with postal endorsement of refusal - As per O.5.R.9(5) if defendant or his agent refuses to take delivery of postal article containing summons, Court issuing summons shall declare that summons had..........
