Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of filing appeal - Sufficient cause exist for the delay in question - Explanations offered are plausible and deserve to be accepted - Delay held, condoned subject to payment of costs of Rs.9000...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Huge delay - Merely because delay is huge one, that does not disentitle a party coming before Court for condonation of delay...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Quantum of delay may be one of consideration, however, it is not final guiding factor for Court to decide an application for condonation of delay...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Huge delay of 20 years in filing second appeal - Applicant contended that she entrusted her brief to her advocate and her advocate did not take any steps to pursue the matter - However, no steps taken by applicant against advocate under provision of Advocates Act - Applicant wants to condemn advocate behind his back..........
Motor Vehicles Act, 1988, Section 166, Limitation Act, 1963, Section 5 -- Accident - Claim petition - Condonation of delay of 66 days - Dismissal of petition for delay in filing - Claimants stating that there was no responsible person to take action against award of Tribunal as they were widow and minor children of deceased - Also Tribunal passed award without examination..........
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 468, 482 -- Cruelty - Limitation - Quashing of complaint - Complaint u/ss 498-A, 420, 406, 324, 506 IPC - Wife filed complaint against husband after delay of 8 years - Bar u/s 468 Cr.P.C not applies to offence u/s 498-A IPC, as it is in the nature of continuing offence - Even..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Revenue suit proceedings for seeking possession instituted by plaintiff after delay of 53 years with clever drafting not seeking declaration and that would lead to inescapable conclusion that suit was clearly barred by limitation - Plaint rightly rejected...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 354 -- Delay in lodging FIR - Offence u/s 354 IPC - FIR lodged after more than four decades as from the date of incident - Admittedly, punishment for committing offence alleged against accused as in the year 1971 was a maximum of 2 years imprisonment - Further, as per S.468 Cr.P.C, no Court shall..........
Limitation Act, 1963, Section 5 -- Condonation of delay - In case delay is not that inordinate and other party can be monetarily compensated, then Court rather than following a hyper technical approach has to follow a approach which is more humane and justice oriented...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Application for restoration filed after about seven months - Such delay cannot be said to be inordinate delay - In case delay is not that inordinate and other party can be monetarily compensated, then Court rather than following..........
