Civil Procedure Code, 1908, Order 41, Rule 3A(2) -- Appeal - Delay in filing - Application for condonation - Issuance of notice to respondent - Held, provision of O.41.R.3-A(2) mandatorily requires that in case Court chooses not to reject the application for condonation of delay without calling upon the other party, then it has no option but to give a notice of the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Held, in appropriate cases delay could be condoned, however, there should not be any element of willful negligence on the part of the defaulting party in prosecuting the matter...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 1515 days - Imposition of cost - Held, taking into account the huge delay in filing the application U.O.9.R.13 CPC, the awarding of a sum of Rs.1,500/- (one thousand five hundred) would not meet the ends of justice and it could..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside of - Delay of 435 days - Condonation of - Lower Court dismissed the application on the ground that application was filed without disclosing the factum of the earlier I.A. having been filed U.O.9.R.13 CPC as though the Power of Attorney of D4 came from Abu Dhabi, just before filing of said..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in filing complaint - Condonation of - Held, condonation of delay is within discretion of Court and when sufficient cause is shown and delay deserves to be condoned, Court can condone delay - In present case, delay of hardly four days caused - Complainant is a bank and cheque amount was more..........
Limitation Act, 1963, Section 5, 14(2) -- Condonation of delay - Delay of 1165 days - Computation of period of limitation - Applicant seeking exclusion of time taken while prosecuting civil suit - Where Court before whom applicant was prosecuting another civil proceeding against same party for the same relief, was lacking jurisdiction to entertain such civil proceedings -..........
Negotiable Instruments Act, 1881, Section 138 - - Dishonour of cheque - Complaint - Delay of 10 days - Condonation of - Notice received by accused on 05.04.2005 - Complaint filed on 30.05.2005 i.e. after expiry of prescribed period - Though no petition filed u/s 473 of Cr.P.C., Magistrate took cognizance after expiry of period of limitation, while a petition u/s 5 of..........
Negotiable Instruments Act, 1881, Section 138 - - Limitation Act, 1963, S.5 - Dishonour of cheque - Complaint - Condonation of delay in filing - Applicability of S.5 of limitation Act - Held, provision of S.5 of Limitation Act is applicable only to an appeal or an application/petition - It cannot be applied to extend period of original limitation - Limitation of taking..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Revision petitioner lost his mother and his brother and he was also suffering from ill-health as revealed from his affidavit - There was a communication gap between his Advocate and himself - Decree holder viz., respondent..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), 482 -- Dishonour of cheque - Complaint - Dismissal for no, prosecution - Acquittal - Petition seeking leave to appeal filed alongwith application for condonation of delay of 28 days - Minor issues like absence of their main counsel on date fixed in trial Court, failure to give..........
