Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred complaint - Complaint cannot be considered on merits unless delay is first condoned - Before condoning the delay the accused is liable to be heard - Summoning order without notice and hearing the accused on delay condonation application set aside - Matter remanded back for decision afresh -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A(2), Limitation Act, 1963, Section 5 -- NRI landlord - Eviction petition on ground of bonafide requirement - Delay of one day in filing application for leave to contest eviction petition - Condonation of delay - Rent Controller has no power to condone delay - Rent Controller being a creature of statute can only..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Delay - Condonation - Condonation of delay and extension of time can be done only after giving the proposed accused an opportunity of being heard...........
Arbitration and Conciliation Act, 1996, Section 34, 14(3) -- Proceedings for making award a rule of the Court continued for a considerable time - Later on it transpired that award under Arbitration Act, 1940 could not be enforced and remedy is available u/s 34 of 1996 Act - Considerable delay thus caused - Application accompanied by an application u/s 5 of the Limitation..........
Consumer Protection Act, 1986, Section 15, 21(b) -- Appeal - Limitation - Condonation of delay - Petitioner-Insurance Company had explained the reasons behind the delay in filing the appeal - Petitioner-Insurance Company is a public sector undertaking and therefore, certain amount of latitude is not impermissible in condoning the delay - The State Commission ought to have..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 569 days in filling appeal by State - Due to heavy load of work it slipped out of mind that case has been decided - Not believable - No sufficient reason assigned - Order dismissing application upheld - Chief Secretary directed to hold departmental enquiry and fix the liability of the officers, who are..........
Limitation Act, 1963, Section 5 -- Condonation of delay of 1460 days in refiling the appeal - In order to succeed in the application for condonation of delay in refiling the appeal applicant is required to make out a strong case in his application supported by an affidavit, either of the litigant or a person who knew about the facts of the case, only then applicant could..........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 5 -- Delay in filing objections to arbitration award - Condonation - Period of limitation cannot be extended even by invoking S.5 of the Limitation Act, 1963 - Provision of S.34(3) of the Act is very stringent in its nature and Court cannot extend the time even if appellant has a strong case..........
Civil Procedure Code, 1908, Order 1, Rule 1, 2, Civil Procedure Code, 1908, Order 22, Rule 10A -- Striking out and adding parties by Court - Validity - Application for condonation of delay filed by defendant/appellants after death of defendant for filing appeal - After said demise persons who were claiming rights to hold cattle fair on the land would be persons who were..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Separate application for condonation of delay is not required when all the ingredients of the application for condonation of delay are mentioned in the application U.O.9.R.13 CPC to set aside the exparte decree...........
