Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 9 months in filing appeal - No plausible explanation has been given for delay worth acceptance except for bald statement that petitioner did not know about passing of judgment and decree against which appeal is sought - Application for condonation of delay dismissed...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of suit with liberty to file comprehensive suit - Application for withdrawal of suit filed after completion of evidence and at the stage of hearing - Plaintiff has not pleaded that there is any formal defect in the suit or pleadings - She has not only to explain delay in filing application but at the same..........
Civil Procedure Code, 1908, Section 115 -- Revision - Dismissal of application for condonation of delay in seeking setting aside ex parte decree - High Court cannot set aside ex parte decree itself by invoking power u/art 227 of Constitution, as powers of High Court u/art 227 of Constitution are in addition to and wider than powers u/s 115 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay of 1012 days - Condonation of delay - Reasons assigned by defendant for condoning delay are in usual and causal terms - There is no proper and satisfactory explanation offered by defendant for each and every day of delay - Delay in filing application for..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Written statement - Delay of 7 days beyond 30+45 days in filing written statement - Condonation of delay - Application for condonation of delay dismissed relying upon case of New India Assurance Company Limited - However, application for condonation of delay was filed prior to said judgment - Said judgment..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of PWs for further cross-examination - Rape case - PWs cross-examined in length and detail - They are thus, duly examined - Compromise was already in effect and in knowledge of accused - Recalling PWs already duly examined is nothing but an effort to delay the entire trial and to fill up lacuna which cannot be..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant no.1 - Substitution of LRs - One of LRs of deceased defendant already been impleaded as a defendant in the suit, therefore other LRs be impleaded as defendants - Though there is delay in filing application for bringing LRs on record and there is no formal prayer for condonation of delay but in interest of..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Whether or not there is sufficient cause for condonation of delay is a question of fact dependent upon facts and circumstances of a particular case...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 8 years - Reasons for delay mentioned in application - Non dealing of those explanations and it was merely stated that no justifiable reason has been stated for day to day delay - It was incumbent to examine correctness of explanation given in application and was required to record specific finding on..........
Power Purchase agreement -- Reduction in tariff - Delay in commissioning the project - There is no dispute that Scheduled Commissioning date shall be 12 months from effective date - Effective date is 17.10.2016 and if such date of event is excluded, Scheduled Commissioning date would be 17.10.2017 - There is also no dispute that power was injected from solar plants on..........
