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..........
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...........
Limitation Act, 1963, Section 5, Commercial Courts Act, 2015, Section 13(1A) -- Condonation of delay - Delay of 154 days in filing appeal - Plea of physical ailments of proprietor duly supported by medical evidence, factum of passing of order impugned coming into light by way of inquiry conducted by a subsequently engaged counsel, coupled with a very significant aspect..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9(2), Limitation Act, 1963, Section 5 -- Impleadment of L.R's - Non substitution - Abatement of appeal - Application for impleadment filed without accompanied by an application for condonation of delay - Nearly two months later application filed U.O.22.R.9(2) r/w S.5 Limitation Act - This sequence of filings, devoid of timely..........
Civil Procedure Code, 1908, Order 11, Rule 5(4) -- Non production of document - Adverse inference - Mere fact that respondent failed to produce the required document does not take away his right to cross examination as the O.11.R.5 CPC nowhere provides that the cross examination should be taken away if there is non-compliance with the statute...........
Civil Procedure Code, 1908, Order 11, Rule 5(4) -- Non production of document - Adverse inference - Adverse inference being a presumption, can only be drawn at the time of trial qua the facts of each cases, as it would require evidence and appreciation of evidence, as to whether there is compliance, partial compliance or no compliance with order - The presumption of..........
Civil Procedure Code, 1908, Order 11, Rule 5(4) -- Non production of document - Adverse inference - The cross examination by the party cannot be foreclosed on the basis of direction to draw adverse inference...........
Civil Procedure Code, 1908, Order 11, Rule 5(4) -- Non production of document - Adverse inference - The presumption of adverse inference like all other presumptions, must avail the moment of judgment and not pre-empt the examination, which would be at the closure of proceedings i.e. trial...........
Civil Procedure Code, 1908, Order 11, Rule 5(4), 21 -- Production of document - Non-compliance with order - Striking off the defence can never mean striking off cross examination...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Condonation of delay is a matter of discretion of Courts and S.5 of the Act does not say that such discretion can be exercised only if delay is within a certain limit...........
