Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Ex parte decree - Setting aside - Separate formal application for condonation of delay u/s 5 of Limitation Act is not necessary, if there are sufficient material on record disclosing sufficient cause of delay...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Ex parte decree - Setting aside - Separate formal application for condonation of delay u/s 5 of Limitation Act is not necessary, if there are sufficient material on record disclosing sufficient cause of delay...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - If cognizance of offence is taken beyond the period of limitation, it is time barred, there cannot be legal trial and in that case, charge would only be groundless and trial is a futile exercise - Accused discharged...........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- (As amended by High Court (Punjab, Haryana and Chandigarh) - Substitution of LRs - Limitation period of 90 days not applicable - Application that suit has abated for non impleadment of L.R's within 90 days rightly dismissed and L.R's allowed to be impleaded...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - A party may not be entitled to condonation of delay as a matter of right even after sufficient cause has been shown...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - If sufficient cause is shown, then Court has to enquire whether in its discretion it should condone the delay - In such circumstances, Court considers all relevant facts especially diligence of the parties or its bona fides - However, scope of enquiry while exercising discretionary power after..........
Rent and Eviction -- Limitation Act - Generally applicable to proceedings under Tenancy Act - However, if there is lesser time period specified as limitation in the Rent Act then provisions of Limitation Act cannot be used to expand the same. (Limitation Act, 1963 and West Bengal Premises Tenancy Act, 1997, S.40)...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of sale deed - Limitation of three years starts from the date of knowledge of plaintiff about sale deed - Plaintiffs have come to know of sale deed in 2006 - Suit filed as late as in the year 2010 was hit by Art.59 of the Act and is barred by law of limitation - Suit rightly dismissed...........
Indian Penal Code, 1860, Section 419, 465, 120B -- Cheating - Quashing of proceedings - Civil dispute - Entire allegations made in the complaint pertain to civil dispute and civil proceedings are actively under consideration before respective civil Courts - Except the allegation that petitioners are close relatives of A-3, no other specific allegation was made against..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Courts must distinguish between an `explanation' and an `excuse' - There is a distinction which, though fine, is real - Care must be taken to distinguish an `explanation' from an `excuse'...........
