Negotiable Instruments Act, 1881, Section 142 -- Proviso - Delay - Condonation - Court can condone delay in filing a complaint if complainant satisfies that he had sufficient cause for not making complaint within statutory period of limitation - Complainant seeking benefit of proviso has to explain the reason for the delay...........
Negotiable Instruments Act, 1881, Section 142(b) -- Proviso - Delay - Condonation - Court can condone delay on the strength of affidavit of complainant and not on the strength of affidavit of counsel...........
Negotiable Instruments Act, 1881, Section 142(b) -- Proviso - Delay - Condonation - Court can condone delay in filing a complaint if complainant satisfies that he had sufficient cause for not making complaint within statutory period of limitation - Complainant seeking benefit of proviso has to explain the reason for the delay...........
Negotiable Instruments Act, 1881, Section 142(b) -- Proviso - Delay - Condonation - Court can condone delay on the strength of affidavit of complainant and not on the strength of affidavit of counsel...........
Hindu Marriage Act, 1955, Section 13(1)(ib), S.23(1)(b) -- Cruelty - Condonation - Mere residing and accommodating a spouse for some time after the acts of cruelty in itself do not amount to condonation - Conduct of spouse must be such forgiveness that it did not reflect upon any of the matrimonial obligations in any manner - Condonation cannot be taken to be an absolute..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Rights of parties are to be adjudicated upon merits of the controversy and a party should not be thrown out merely on technicalities - Even if a party has been negligent in defending the proceedings still the other party can be compensated through costs...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Eviction order - Appeal - Death of appellant - Abatement of appeal - Failure to move application under order 22 CPC on the part of heir of tenant - Application for impleadment moved under order 1 rule 10 CPC - Condonation of delay not sought for - Appeal abated...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Enlargement of time - Provision applies where any Act is silent about enlargement of time and does not specifically exclude the same...........
Civil Procedure Code, 1908, Order 37, Rule 1, Evidence Act, 1872, Section 73 -- Summary suit for recovery of money - Based on pronote-cum- receipt - Leave to defend - Permission of - Condonation of delay by Court after consideration - Signature on encashment - Proof of execution of pronote duly proved by evidence - No reason to disbelieve the evidence - Suit rightly..........
Criminal Procedure Code, 1973, Section 378(3), Limitation Act, 1963, Section 5 -- Condonation of delay - Leave to appeal - Delay of 57 days - Sufficient cause - Should be considered with pragmatism in justice-oriented approach rather than the technical detection of sufficient cause for explaining every day's delay - Order of High Court refusing to condone delay by holding..........
