Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Application for setting aside ex parte decree was filed after a substantial delay and no document in support of application for condonation of delay was filed - Application is barred by law and thus, liable to be dismissed solely on the..........
Civil Procedure Code, 1908, Section 96 -- Trial Court did not venture into issues framed, other than the one pertaining to limitation - It is well open to the First Appellate Court while exercising power u/s 96 CPC to act as final Court of fact and law - In such situation, it is well open to High Court to consider the issues both on facts and law either by itself or at..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration - Suit not filed within three years of accrual of cause of action - Suit filed is not within time...........
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 229B, 176 -- Suit for declaration before Revenue Court - Limitation - No limitation is provided for filing a declaratory suit before Revenue Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that sale deed is null and void - Plaintiffs nowhere in the plaint, specifically mentioned the date, even approximately when they came to know about registered sale deed mentioned in the suit - Contention that deceased used to look after legal affairs and..........
Limitation Act, 1963, Section 5, Rajasthan Rent Control Act, 2003, Section 15, Civil Procedure Code, 1908, Order 8, Rule 1 -- Eviction petition - Non filing of written statement in time - Condonation of delay - Petitioner failed to place any document on record to show the hardship that was caused to him on account of which he did not file written statement in time - He was..........
Arms Act, 1959, Section 30, Criminal Procedure Code, 1973, Section 468 -- Offence u/s 30 of Arms Act - Cognizance of offence - Limitation - Offence u/s 30 of Arms Act being punishable upto 6 months imprisonment, therefore no Court can take cognizance after period of one year - In the instance case, arms licence of petitioner expired in Aug 2011 and he kept gun with him..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue of limitation being a mixed question of law and facts, has to be decided after considering the evidence of parties and hearing them after framing an issue as to limitation - Application dismissed...........
Criminal Procedure Code, 1973, Section 468, Indian Penal Code, 1860, Section 406 -- Limitation - Offence u/s 406 IPC - Offence committed one and a half month prior to lodging of FIR - FIR lodged within period prescribed u/s 468 Cr.P.C - Proceedings cannot be quashed on the ground same being hit by S.468 Cr.P.C...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Time barred claim - Amendments which do not introduce a new claim for first time after expiry of period of limitation can be allowed...........
