Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Properties are situated in two separate districts - However, trial Court has not considered the said fact - Impugned order of allowing application does not relate to any such attachment before judgment except to make an entry in record of Registering Authority - Provisions of O.38.Rr.5, 6 CPC are..........
Factories Act, 1948, Section 5 -- Public emergency - Internal disturbance - COVID-19 Pandemic does not qualify as an internal disturbance threatening security of State - Pandemic has led to sharp decline in economic activities - S.5 of the Act cannot be invoked to issue a blanket notification that exempted all factories from complying with humane working conditions and..........
Rules of Legal Education, 2008, Rule 2(xxiii), 4, 5(b) -- Integrated Degree Program - Basic qualification - From Rules, 2008, it is evident that basic qualification for Integrated Degree Program is Secondary School Certificate and candidates are required to undergo regular study by attending classes for obtaining said basic qualification - If such candidates have obtained..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Delay of 979 days in filing application for setting aside ex parte divorce decree - Wife was not properly served in the divorce petition - Acknowledgement card showing wife was served with some notice is not supported by an affidavit of service - Matter..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issue regarding possession - Partition suit - Plaintiff filed suit seeking its division by metes and bounds and in alternative, he has prayed for sale of property by auction and for distribution of sale proceeds inter se parties to the extent of shares claimed in suit - Relief of possession is..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Courts must adopt liberal approach in matters of condonation of delay, where there are justifiable grounds - If reasons for delay are bona fide and applicant does not derive any benefit because of delay, Courts must condone delay by adopting liberal approach...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A(1) -- Condonation of delay - Delay of 209 days in filing appeal - Wife of defendant suffering from serious illness - Both defendant and his wife are senior citizens - Material on record shows that defendant made to go around doctors and hospital for treatment of his wife and in that process..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in making payment pursuant to SC`s order - Proceedings under Mines and Minerals Act - Compensation amount as ordered by SC u/s 21(5) of MMDR Act is fully paid by company along with interest in respect to all mining leases - Since interest is stated to have been paid for period of delay, delay held, condoned -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 378 days - Suit for recovery of money - Ex parte decree set aside on condition of deposit of entire decretal amount alongwith interest as on date - Defendant granted one opportunity to prove his defence...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5(8), Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - S.125(3) Cr.P.C is in pari material of S.5(8) of 2007 Act - Only difference is that period of filing application seeking enforcement in case of S.125(3) Cr.P.C is one year, whereas under 2007 Act, period prescribed is 3 months...........
