Civil Procedure Code, 1908, Order 8, Rule 1 -- Proviso - Written statement - Not filed within a period of 30 days - Commercial dispute - Court has discretion to permit a party to file written statement between day no.31 to day no.120 - While exercising this discretion, Court can impose such costs as it deems fit, as a condition for receipt of written statement - Plea that..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Proviso - Written statement - Not filed within time - Commercial dispute - Commercial Court allowed defendant to file written statement subject to condition that defendant should deposit a sum of Rs.25 lakhs in fixed deposit for three years - Though Court has powers to impose conditions, but conditions so imposed should be..........
Civil Procedure Code, 1908, Order 8, Rule 1, Commercial Courts Act, 2016, Section 15 -- Written statement - Not filed within time - Extension of time - Transfer of suit from non-commercial division to Commercial division - Provision of S.15 of Commercial Act apply to those procedure that were not completed at the time of transfer - However, in the instant case, procedure..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - O.8.R.1 CPC is not mandatory in non-commercial case - Even in an exceptional case it is required on the part of Court to record findings for accepting written submission beyond limitation...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Condonation of delay of 4-1/2 years - Mere fact that lawyer was careless or negligent that by itself cannot be a ground to condone long and inordinate delay, as litigant owes a duty to be vigilant of his own rights and is expected to be equally vigilant about the judicial proceedings..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Allegations of fact not denied specifically - Same are deemed to be admitted - By asserting adverse possession, defendant impliedly admitted plaintiff's title...........
Civil Procedure Code, 1908, Order 8, Rule 1, Limitation Act, 1963, Section 5 -- Written statement - Not filed within statutory period - Condonation of delay - It is not always the length of delay which is the governing factor while examining plea of condonation of delay - If sufficient cause is shown, then irrespective of length of delay, same can still be condoned...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Defendants have been debarred from filing written statement just after 98 days of service of summons, though they had appeared and filed an application, praying for time to file written statement - Since statutory period prescribed U.O.8.R.1 CPC is directory in nature, interest of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 15(c), 18(c), 25, 29 -- Bail - Contraband - Accused implicated primarily on the basis of memorandum of co-accused recorded u/s 27 of Evidence Act and his own memorandum - No recovery has been made from accused and he was not present on the spot at the time of..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Plaintiff did not mention anything in his application about new facts being mentioned in the written statement filed by defendants - Even, last opportunity was granted to plaintiff to produce evidence but instead of producing his witnesses in evidence, plaintiff filed present application which shows the lethargic..........
