Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement of appeal - Death of plaintiff - Factum of death of plaintiff was not brought on record - Defendants came to knowledge of same only after receiving report of process server - Application U.O.22.R.9 CPC along with delay condonation application filed within time from the date of having knowledge of death - No..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Appeal has been filed after an inordinate delay of 26 years - Admittedly, no notice was issued and appeal was admitted on first day of hearing without issuance of notice to petitioner - Appellate authority has not only ignored the provisions envisaged under the Act but also overlooked..........
Insolvency and Bankruptcy Code, 2016, Section 61(2) -- Appeal - Appeal against order of NCLT shall be preferred within a period of 30 days from the date on which the order was passed by NCLT - However, Appellate Tribunal has the power to extend period of limitation by another 15 days - Appellate Tribunal thus, committed an error in issuing notice in an appeal with delay of..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 546 days in filing appeal - Unaware of disposal of suit for a long period of 2 years does not amount to sufficient cause - Negligent attitude on the part of petitioner in pursuing the matter during course of trial proceedings in the suit as well as in preferring appeal is borne by record - Delay not..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Proviso - Dishonour of cheque - Delay in filing complaint - Issue of limitation raised for the first time in appeal - Appellate Court did not commit any error in setting aside the judgment and directing complainant to file necessary application to condone delay in the trial Court...........
Arbitration and Conciliation Act, 1996, Section 37, Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay - Once an appeal is found to be barred by limitation, there can be no question of any obligation of Court to consider the merits of case of appellant...........
Arbitration and Conciliation Act, 1996, Section 37, Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay - Ground that delay in filing appeal u/s 37 of the Act is not condonable beyond 120 days is misconceived...........
Arbitration and Conciliation Act, 1996, Section 37, Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay of 337 days in filing appeal - Failure to show sufficient cause for condonation of inordinate delay of 337 days in filing appeal - Though liberal approach may be adopted when some plausible cause for delay is shown, however, liberal approach does not mean..........
Civil Procedure Code, 1908, Section 115 -- (as amended in State of Orissa) - Revision - Maintainability - Order allowing application u/s 5 of Limitation Act - Application for condonation of delay in filing first appeal has no independent existence bereft of appeal - It cannot be said that said order passed in limitation application was passed in any original or independent..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2575 days in filing second appeal - Condonation of delay cannot be allowed merely based on merits in the main appeal - However, in certain circumstances, Courts can take a lenient view if reasons are genuine and if delay is about three months or upto five or six months, Courts may take a lenient view, but..........
