Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 17, Rule 3 -- Condonation of delay - Suit of the plaintiff dismissed U.O.17.R.3 CPC in presence of attorney of plaintiff - Appeal against dismissal filed with delay of 16 months - Plaintiff pleaded ignorance of knowledge about dismissal - Held, when the authorized person had appeared on behalf of plaintiff..........
Motor Vehicles Act, 1988, Section 166, 168, 173, Limitation Act, 1963, Section 5 -- Delay in filing the appeal - Condonation - Sufficient cause - Delay of 116 days - Cause shown by the claimants being poor person - Took time to arrange money for filing appeal - Held, not a sufficient cause - Application for condonation bereft of details regarding actual amount required to..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Plot allotment - Surrender of plot - Refund of deposited amount accepted on 25.8.2003 - Complaint for restoration of plot filed on 19.12.12005 without any application for condonation of delay - The complaint was liable to be dismissed on ground of limitation alone...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Operation done on 25.4.1998 and complaint filed on 27.8.2002 - Complainant has not moved any application for condonation of delay in filing complaint nor shown any cause for delay - Findings of the District Forum that the complaint barred by limitation upheld...........
Limitation Act, 1963, Section 5 -- Delay of 10 days in preferring appeal against dismissal of eviction petition - Condonation - Petitioner a Trust - Courts are invariably liberal in condoning the delay - Petitioners impersonal character and the fact that it acts through its office bearers coupled with the procedural formalities like convening of meeting and passing of..........
Negotiable Instruments Act, 1881, Section 138, 142, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Delay in filing complaint - Condonation - Vigilance inquiry was going on regarding transaction in which accused was involved - Very high officers were under scrutiny of vigilance department - Considering red tapism and vigilance enquiry resulting in delay, delay in..........
Punjab State Election Commission Act, 1994, Section 76 -- Gram Panchayat - Election of a member - Limitation to file election petition is 45 days - There is no provision for condonation of delay - Writ petition allowed to be withdrawn as it is election petition and not writ petition which is maintainable - Allowing withdrawal of writ petition with a liberty to file..........
Gujarat Agricultural Lands Ceiling Act, 1960, Section 8, Limitation Act, 1963, Section 5 -- Letters Patent Appeal - Condonation of delay - Delay of 10 years in filing - During their lifetime widows also executed Will in favour of their nephew/appellants - Appellants were not aware of any Will in their favour until 2002 and so could not take possession of lands - Appellants..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - While considering application for condonation of delay Court has to see the merit of the case also as the law of limitation is not meant to take away the right of appeal - Courts are known for imparting justice and not to scuttle the process of justice on technicalities - Length of delay is also not very much..........
Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay of 1133 days - Appellant could not pursue his right to appeal due to his custody in criminal appeal - Dismissal of application of condonation of delay due to failure to prove that appellant was in custody for the concerned period - Therefore, appeal being time barred liable to be dismissed...........
