Limitation -- Extension of limitation due to COVID-19 pandemic - Order dated 15.03.2020 extending limitation in filing petitions/applications/suits/appeals/all other proceedings was extended from time to time - Since order dated 15.03.2020 has served its purpose as such extension of limitation will come to an end with the directions, viz. (i) In computing the period of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 9A, 25A, 23, 29 -- Appeal against grant of bail - Contraband - High Court while granting bail not applied mind to rival submissions, particularly to seriousness of allegations involving offence punishable under NDPS Act - Merely recording submission of parties does..........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction decree - Objections - Landlord obtained a lawful decree of possession and recovery of possession - Mere pendency of appeal filed by tenant against dismissal of his suit of permanent injunction filed against landlord, would not be impediment to proceed with execution of eviction decree - Landlord has not taken..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 16 -- Appeal - Any affected person can prefer appeal and not just a senior citizen or parent...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 7, Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016, Rule 2016, 22(3)(4) -- Maintenance and eviction - In every order passed by initial forum, two sentences be added at the end of every order - For maintenance cases : "Present order would be appealable u/s 16 of the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from raising construction over common land - Till date no demarcation whatsoever has taken place in the property in question - Ad interim injunction rightly granted and appeal thereagainst was rightly rejected...........
Civil Procedure Code, 1908, Section 35, Order 7, Rule 14(3) -- Costs - Application U.O.7.R.14(3) CPC allowed and document directed to be taken on record on payment of cost of Rs.1,000/- - Cost was accepted by defendant - Imposition of costs only compensatory in nature to tide delay in proceedings - Acceptance of costs by defendant would not amount to waiver of right to..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife seeking maintenance pendente lite during pendency of appeal filed against decree of divorce granted in favour of husband - Wife remarried - Wife did not specifically contradict the factum of her second marriage - Wife has lost her valuable right of maintenance pendente lite...........
Civil Procedure Code, 1908, Section 80, 100 -- Notice u/s 80 CPC - Second appeal - Question of non-compliance of S.80 CPC was not specifically addressed, as same was formulated and decided as a preliminary issue and concurrently upheld by Appellate Court also - Said question of non-compliance of S.80 CPC would not arise to be decided by way of a substantial question of law..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 449 days in filing first appeal - First appeal filed by similarly situated appellants have already been allowed - Keeping in view the averments made in application, prayer for condonation of delay is squarely covered in favour of appellant - Delay condoned...........
