Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Gravity of offence should not be taken into consideration while considering application for grant of bail...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Extension of time - Court of its own cannot extend time to file written statement in the absence of an application either for extension of time or for condonation of delay...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to elaborate the pleadings which are already pleaded in the written statement by adding legal pleas, that (a) suit is hit by O.2.R.2 CPC; (b) suit is barred by limitation; (c) that they have perfected their title by adverse possession - Defendants have not withdrawn any..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to change the boundaries of suit property , as boundaries shown in the original sale deed had been set out in the schedule by inadvertent mistake and corrected boundaries as per rectification deed have to be included in the schedule - Defendants were always aware of fact that original..........
Civil Procedure Code, 1908, Order 43, Rule 1(d), Civil Procedure Code, 1908, Order 9, Rule 13 -- Appeal - Rejection of an application U.O.9.R.13 CPC in default - Appeal against such an order is maintainable, as words rejecting an application are comprehensive enough to include dismissal for default or rejecting in any other situation whatever...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Limitation is a mixed question of fact - Cannot be dealt with under an application filed U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint clearly reveals that pleadings incorporate several facts which disclose cause of action for filing the suit - Moreover, same is a triable issue, which cannot be dealt summarily in an application for rejection of plaint - Application rejected...........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - Application to strike out defence - Notwithstanding an order passed earlier to proceed ex parte, while deciding an application for striking out defence, it was duty of Court to give an opportunity of being heard to the defendants - However, that was not done - Order striking out defendants'..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Not filed within time - Pronouncement of judgment - Suit was lying dismissed in default for 4-1/2 years - Defendant cannot be blamed for this period of delay in disposal of suit - Moreover, defendant already filed written statement and same cannot be ignored - Application rightly rejected...........
Arbitration and Conciliation Act, 1996, Section 29A(5) -- Time limit for arbitral award - Extension of time - Application for extension of time for passing an arbitral award u/s 29-A(4) r/w S.29-A(5) of the Act is maintainable even after the expiry of twelve month or the extended six month period, as the case may be - Court while adjudicating such extension applications..........
