Limitation Act, 1963, Section 5 -- Condonation of delay - While considering cause for delay, it is sufficient cause which would be of paramount consideration - Neither length of delay nor number of days of delay would be relevant - If cause shown is sufficient, delay irrespective of length, ought to be condoned...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 19, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Simultaneous issuance of summons through registered post and ordinary summons - An intimation was served on the addressee to collect the postal article - On receipt of the unserved postal..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 11, Rule 12, 13, 14, 15 -- Application U.O.7.R.11 CPC and application U.O.11.Rr.12 to 15 CPC - If an application for production is plainly collateral to or inconsistent with limited inquiry U.O.7.R.11 CPC or if it serves only to delay the hearing of a threshold legal objection, Court may..........
Civil Procedure Code, 1908, Section 24 -- Transfer of restoration case - Applicant/husband sought transfer of restoration proceeding filed by wife that emerged pursuant to ex-parte decree passed in suit for divorce filed by husband himself at Gonda and wife although being a lady, has not expressed any inconvenience in pursuing said proceeding at Gonda rather vehemently..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Long delay in framing of charges - Withholding of framing of charges for a long time is absolutely unacceptable - There is apparent slackness on the part of prosecution to assist Court for ensuring that charges are framed - Additional District and Sessions Judge, directed to submit a report..........
Civil Procedure Code, 1908, Order 21, Rule 22(1)Proviso -- Execution - Show cause notice U.O.21.R.22 Proviso CPC - When execution petition falls within the ambit of O.21.R.22(1) Proviso CPC, O.21.R.22(2) CPC does not apply - Even when O.21.R.22(2) CPC is attracted, Court has discretion to dispense with notice if it records reasons for doing so, particularly if issuance of..........
Practice and Procedure -- Petitioners who seeks to claim benefit after long delay, merely upon noticing that others have succeeded, cannot as a matter of course demand similar relief...........
Transfer of Property Act, 1882, Section 53 -- Fraudulent transfer - U/s 53(1) of the Act, transaction would be voidable only if it is proved to have been made with an intend to defeat or delay creditors...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Where documents are relevant to the adjudication of lis, same should be allowed to be produced by way of an application U.O.7.R.14 CPC and delay in production of same can be compensated by imposing adequate cost...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Documents in question appears to be relevant for adjudication of lis - Explanation furnished by petitioner for delay that applicant was suffering from cancer and due to said ailment could not provide documents to his lawyer at appropriate stage constitutes sufficient cause u/s 5 of Limitation Act -..........
