Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Restoration and delay condonation application - Both the applications can be heard simultaneously but restoration application cannot be allowed without delay being condoned...........
Registration Act, 1908, Section 89A, Indian Registration (Filing of True Copies) Rules, 1967, Rule 4, 5, 6 -- True copies - There is no provision of law compelling officers to prepare a true copy of each document presented for registration - It is for parties to document to produce a true copy at time of presentation of document for registration...........
Negotiable Instruments Act, 1881, Section 142(b), Limitation Act, 1963, Section 5 -- Dishonour of cheque - Condonation of delay - S.142(b) is pari materia to S.5 Limitation Act - Sufficient cause to be construed liberally...........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Condonation of delay - Trial Court condoned delay of 61 days after recording its satisfaction about sufficient cause - Order calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, 142, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Condonation of delay - Delay of 61 days in filing of complaint - Legislature in its wisdom has conferred discretion on Magistrate to condone delay after recording its satisfaction about sufficient cause for not making complaint within prescribed period of limitation..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6 -- Rape of minor girl - Bail - Prosecutrix already examined - Few other material witnesses were yet to be examined - As per record, threats were..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6 -- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - Supreme Court would normally not interfere with such a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6 -- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - When bail is granted against principles of law, while undertaking..........
Arbitration and Conciliation Act, 1996, Section 5, 37 -- Arbitral award - Appeal - Cross objections - Act is a complete Code - CPC is not applicable - Cross objections not maintainable...........
Criminal Procedure Code, 1973, Section 372, Limitation Act, 1963, Section 5 -- Appeal - No period of limitation is prescribed to file appeal under the proviso to S.372 Cr.P.C., hence no application to condone the delay is required along with an application for leave to appeal...........
