Limitation Act, 1963, Section 5 -- Condonation of delay - Contention that in application, there is no reference to number of days of delay which were sought to be condoned - Application for condonation of delay make specific reference with regard to date on which claim was required to be filed and date on which it was filed - Tribunal on making calculation has condoned..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 341 days in filing petition U.O.9.R.13 CPC - Maintenance proceedings u/s 18 of HAMA - Ex parte decree passed against husband directing him to pay Rs.12,000 PM - However, no amount of maintenance paid by husband to wife - Husband offered to deposit 50% of amount due towards maintenance from date of decree,..........
Arbitration and Conciliation Act, 1996, Section 11(6), 43(3), Limitation Act, 1963, Section 5 -- Appointment of arbitrator - Limitation - Extension of time u/s 43(3) of 1996 Act - Period during which parties were bona fide negotiating towards a amicable settlement may be excluded for purpose of computing period of limitation for reference to arbitrator - However, entire..........
Arbitration and Conciliation Act, 1996, Section 11(6), 43(3), Limitation Act, 1963, Section 5 -- Appointment of arbitrator - Limitation - Extension of time - Appellant Company stated that it was involved in negotiation with respondent in 14 years preceding application before settlement committee - However, no evidence brought on record to show that they were required to..........
Assam Urban Area Rent Control Act, 1972, Section 5(1)(e), 5(4) -- Rent and eviction - Non-payment of rent - Where tenant pays lawful rent due from him within fortnight of its falling due or deposit rent in Court with all necessary steps as per requirement of S.5(4) of the Act within fortnight of its falling due upon refusal by landlord to accept rent offered by tenant..........
Assam Urban Area Rent Control Act, 1972, Section 5(1)(e), 5(4) -- Rent and eviction - Non-payment of rent - In order to come to a finding whether tenant has defaulted in payment of rent, the most important fact to be taken note of is when rent falls due...........
Assam Urban Area Rent Control Act, 1972, Section 5(1)(e), 5(4) -- Rent and eviction - Non-payment of rent - Burden of proof - Usually it is the burden of landlord to show as to when rent becomes due and tenant`s burden is to show that he has paid rent or deposited same in Court within fortnight of its becoming due in order to get protection from being evicted...........
Civil Procedure Code, 1908, Order 21, Rule 5 -- Judgment of first Appellate Court - First Appellate Court scrutinized entire pleadings and evidence on record and only thereafter affirmed findings recorded by trial Court by passing detailed judgment - No exception therefore can be taken to judgment so passed by first Appellate Court, more particularly, when same are hit by..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 377, 34, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Offence u/ss 377, 34 IPC and Ss.5/6 POCSO Act - No exceptional circumstances to decline bail to a juvenile as indicated in S.12 of JJ Act - Moreover, challan already been presented..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking of defence - Valuable right of hearing on basis of principle of natural justice is conferred upon tenants and that right includes also right to adduce evidence in defence and due consideration thereof by a Court of law...........
