Limitation Act, 1963, Section 5 -- Condonation of delay - Merely attributing delay to unforeseen circumstances without any supporting details or evidence to substantiate these claims, does not meet legal threshold for condonation...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 331 days in filing revision petition - Petitioner has neither shown continuous interest in case nor presented any exceptional or unavoidable circumstances that could explain such an extensive delay - No cause much less sufficient cause as required in law shown to justify or condone significant delay of 331..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that Will, sale deed and gift deed is null and void - Plaintiff admittedly had knowledge of Will dated 08.08.1962 - Contention of plaintiff that cause of action accrued in 2023 is not true - In the year 2024 by way of suit, he wanted to challenge so called will..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23, Criminal Procedure Code, 1973, Section 468 -- Domestic Violence - Application u/Ss. 12, 23 of DV Act - Applicability of S.468 Cr.P.C - Bar of limitation provided u/s 468 Cr.P.C does not apply to complaint/application u/Ss. 12, 13 of DV Act...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Grounds raised for rejection of plaint, including limitation, validity of gift deeds and question of possession, all constitute mixed questions of fact and law, which necessitates recording of evidence and could not be summarily adjudicated at the preliminary stage in an application filed for rejection..........
Civil Procedure Code, 1908, Order 41, Rule 19, Limitation Act, 1963, Section 5 -- Restoration of appeal dismissed in default - Condonation of delay of 5250 days - When delay of long period of time is sought to be condoned, Court should not rule out involvement of third parties in litigation - Court, in fact, should presume that third party rights may have been created..........
Agreement to sell -- Specific performance - Agreement to sell though denied by defendant, but Courts below have recorded finding on the basis of evidence on record that there was valid execution of agreement - Suit was filed within limitation - Finding of continuous readiness and willingness is also in favour of plaintiff - Suit rightly decreed in favour of plaintiff...........
Limitation Act, 1963, Section 5, West Bengal Premises Tenancy Act, 1997, Section 7(1) -- Limitation - Applicability - Applicability of Limitation Act is subject to provisions of the WBPT Act, meaning thereby, if the time limit has been prescribed to do some act it cannot be extended by aid of proviso of sub-section (2) of Section 7 - Thus, the compliance as required to be..........
Civil Procedure Code, 1908, Section 96, 115 -- Appeal/revision - Limitation - Period of limitation prescribed for preferring appeal or revision as the case may be starts running from the date when such judgment become effective as soon as they are dated and signed by judge and not from the time of actual delivery of judgment...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Merely writing one line that application u/s 5 of the Act is allowed, does not serve the purpose or fall within the ambit of a reasoned order - Order allowing application set aside - Matter remanded...........
