Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Negligence, inaction or lack of diligence on the part of counsel is not a sufficient cause for condonation of inordinate delay...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Scope of review U.O.47.R.1 CPC is confined to cases where there is: (i) discovery of new and important evidence not within applicant's knowledge despite due diligence; (ii) an error apparent on the face of record; or (iii) any other sufficient reason analogous thereto...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At the stage of quashing, Court is not required to conduct a mini trial - Court has to only consider whether any sufficient material is available to proceed against accused or not - If sufficient material is available, power u/s 482 Cr.P.C. should not be exercised...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Dismissed in default - Condonation of delay - Reasons given by appellant for her non-appearance and delay are bona fide and constitute sufficient cause - Trial Court has erred in rejecting restoration application on technical grounds, thereby depriving appellant of an..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Mother can claim maintenance from her children even if her husband is maintaining her and son can be legally required to contribute if mother is unable to maintain herself and husband is not providing sufficient support...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Fact that husband of a woman has sufficient means and provides maintenance to her would not absolve son of his independent statutory obligation u/s 144(1)(d) BNSS (S.125(1)(d) Cr.P.C.) to support his mother if she needs it...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Son contended that his mother is rearing cattle and is getting sufficient income from it to support her - Contention rejected as it is quite unfortunate and inappropriate for an affluent son to tell his aged mother that she should go to cattle rearing to..........
Protection to life and liberty -- Money dispute - A call by a creditor cannot ipso facto be sufficient to hold that there is threat to life and liberty of petitioner...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - After commencement of trial - Explanation that facts were inadvertently missed out or not noted by the counsel is too general and cannot be accepted as sufficient compliance with statutory requirement of due diligence...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Fire insurance - Contract of fire insurance is a contract to indemnify Insured against loss by fire - In order to determine whether in a particular case loss is caused by fire following rules generally apply : (i) There must be an actual fire, hence mere heating or fermentation will not be sufficient to render..........
