Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Condonation of delay - Wife was duly served in the proceedings - She was thus, aware of filing of divorce petition - Wife was negligent and not interested in pursuing the proceedings - Even, the present appeal is filed belatedly after delay of 136 days..........
Criminal Procedure Code, 1973, Section 372 -- Appeal by victim against acquittal - Victim is not required to file delay condonation application even if appeal is filed with delay of more than 90 days - The only requirement is to file an affidavit explaining the delay - If Appellate Court is satisfied with the explanation offered, Court is entitled to proceed to consider..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2 years and 93 days in filing appeal - Complete careless and reckless long delay shown on the part of applicant which has remained virtually unexplained at all - Application for condonation of delay rejected...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 387 days in filing appeal - No sufficient cause has been shown for condoning delay of 378 days in filing appeal - Totally negligent and relaxed attitude has been adopted by appellants in pursuing the remedy of appeal under Letter Patent - Application for condonation of delay dismissed...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 908 days in filing appeal - Defendants have not chosen to cross-examine PW1 and matter was pending for several years - They were set ex parte and application filed for setting aside ex parte decree is also dismissed - Defendants have only intended to drag on..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay in filing appeal against ex parte decree - Ex parte decree though passed on 21.12.2021 and defendant received notice of same on 21.7.2022 - Consequently, appeal was filed with delay - Valid reasons have been assigned - Delay in filing appeal condoned...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution proceedings - Rent control appeal is pending at the stage for condonation of delay for more than two years - There is no stay by Appellate or Revisional Forum - Since order of delivery of property was passed nine months ago and landlord is not able to get delivery of property, question of granting stay of..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 254 days in filing appeal - Delay on account of not having sufficient funds to pay Court fee - Insufficient funds not a ground to condone delay...........
Limitation Act, 1963, Section 5, Family Courts Act, 1984, Section 19(1), Hindu Marriage Act, 1955, Section 28(4), 13 -- Decree of divorce - Appeal against - Limitation to file appeal is 90 days - Since appeal is filed within a period of 90 days as such there is no need to entertain application for condonation of delay...........
Criminal Procedure Code, 1973, Section 482, Drugs and Cosmetics Act, 1940, Section 18(c), Drugs and Cosmetics Rules, 1945, Rule 65(5)(1)(b) -- Quashing of a criminal complaint - Impugned substance is solely used for drug manufacture, even then, the Appellants would not be liable under the Drugs and Cosmetics Act, 1940 since the Appellants already have the necessary..........
