Delhi Rent Control Act, 1958, Section 14(1)(e), 25B, Constitution of India, 1950, Article 227 -- Rent and eviction - Leave to defend - Supervisory jurisdiction - While exercising supervisory jurisdiction, High Court will not go beyond what is pleaded in leave to defend application as the same would be permitting additional grounds and thus extending period of limitation...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint u/s 138 of the Act - Limitation - As per complainant she fell ill so she could not file complaint within time - Even, complainant filed medical certificate alongwith complaint - As complaint has been filed after amendment of S.142 of the Act came into force, complaint held, not barred by..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons were not duly served and defendant knew about the decree when patwari informed him about decree - Application U.O.9.R.13 CPC was filed within 6 days of said date and therefore, application is within limitation - Same was not required to be accompanied by application u/s 5 of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Plea of nullity of marriage - Re-marriage performed during pendency of appeal filed against decree of divorce - However, in the instant case re-marriage is not nullity as appeal from decree of divorce was filed after expiry of limitation to file appeal - Marriage contracted during pendency of an appeal from a..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Condonation of delay - Notice sent by registered post and no notice was issued to be served personally - Action of Family Court in dispensing with personal service impliedly without passing any order justifying it, cannot be countenanced..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Question of limitation is a mixed question of facts and law and cannot be decided without taking evidence in this regard - Application rightly rejected...........
Civil Procedure Code, 1908, Order 41, Rule 19, Limitation Act, 1963, Section 5 -- Restoration of appeal dismissed in default - Condonation of delay in filing application U.O.41.R.19 CPC - Restoration application though required to be filed within 30 days from date of dismissal of appeal, but same was filed with a delay of about 22 months - No cause much less sufficient..........
Limitation Act, 1963, Section 17 -- Limitation - Suit for recovery of earnest money - Period of limitation starts from date of refusal of execution of agreement, as defined under the agreement or from date of knowledge of fraud, if any, found committed in the alleged agreement...........
Limitation Act, 1963, Section 17 -- Limitation - Suit for recovery of earnest money - Agreement to sell - Plaintiff pleaded fraud in execution of agreement to sell and he has succeeded in proving the same by showing that shops in question were already sold by defendant - Since plaintiff filed the suit within period of three years from date fixed for execution of sale deed,..........
Electricity Act, 2003, Section 56(1), 56(2) -- Electricity dues - Non payment - Disconnection of electricity connection - S.56(1) of the Act confers a statutory right to the licensee company to disconnect the supply of electricity, if the consumer neglects to pay the electricity dues - This statutory right is subject to the period of limitation of two years provided by..........
