Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Condonation of delay in filing complaint - Filing of application for condonation of delay is statutory mandate - Reasons for delay should be disclosed - Court to consider reasons disclosed independently and to come to a judicious conclusion that in the facts and circumstances of the case..........
Insolvency and Bankruptcy Code, 2016, Section 62 -- Apartment buyers agreement - Delay of handing over possession - Appellants are bona fide home buyers having booked an apartment with Corporate Debtor as far back as 2010 and having executed a Buyer's Agreement in 2011 and paid nearly entire consideration - Claim of appellants duly verified and admitted by Resolution..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Petitioners claimed that prior agreement to sell was executed in their favour before execution of present agreement to sell - Certain portions of land are also stated to have transferred to them by way of different sale deeds - Some litigation is stated to be pending..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447(2) -- Dishonour of cheque - Transfer of complaint - Apprehension that presiding officer is biased - Allegations are speculative and unsupported by any substantive material - Rather than indicating a real likelihood of bias, they reflect an attempt to delay proceedings -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Total delay in filing suit after excluding period undergone for mediation was 84 days - In fact, application for mediation was filed after expiry of period of limitation - Period during which mediation was pending is only theoretically excluded - Suit rightly dismissed being barred..........
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..........
Contempt of Courts Act, 1971, Section 2(b) -- Civil contempt - Willful disobedience of order of Supreme Court - Bank failed to comply with mandate of Supreme Court directing payment of retiral dues to petitioner within three months from the date of said order - However, material placed on record do not demonstrate that delay in compliance was borne out of any willful or..........
Service -- State being a constitutional employer is held to a higher standard and therefore it must organise its perennial workers on a sanctioned footing, create a budget for lawful engagement and implement judicial directions in letter and spirit - Delay to follow these obligations is not mere negligence but rather it is a conscious method of denial that erodes..........
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..........
