Civil Procedure Code, 1908, Order 6, Rule 18 -- Time limit for filing amended pleadings not mentioned - Amended pleading filed beyond period of 14 days of order - Held, period of 14 days prescribed by O.6.R.18 is not mandatory and the same can be extended - It can be said that there was condonation of delay when amended pleading is taken on record beyond period of 14 days..........
Limitation Act, 1963, Section 5 -- High Court Rules and Order, Volume, Chapter 1, Part A Rule 5 - Appeal - Refiling of appeal - Condonation of delay - Delay of 10 years in refiling appeal - No sufficient ground shown for condoning the colossal delay of over 10 years - Appeal liable to be dismissed...........
Income Tax Act, 1961, Section 239, 119 -- Limitation Act, 1963, Sections 5 and 29(2) - Limitation - Condonation of delay - Power of Central Board of Direct Taxes - Section 239 of the 1961 Act has not expressly excluded the application of Section 5 of the Limitation Act - A conjoint reading of Sections 239 and 119(2) of the 1961 Act clearly shows that the application of..........
Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, Section 4(2), Limitation Act, 1963, Section 5, 29(2) - - Limitation - Condonation of delay - Whether the Special Court constituted under the Act of 1992 has power to condone the delay in filing a petition u/S.4(2) of the Act? - Held that the provisions of the Limitation Act, 1963 has no..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Condonation of delay - Oral prayer - Proviso to Sub-section (2) of Section 24-A pre-supposes the disclosure of cause which is to be examined while recording reason for condoning/not condoning the delay in question - The District Forum could not have legally condoned the delays on oral prayer made during the course..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Appellant bonafide prosecuting revision which was held to be not maintainable - Appeal filed within one week of dismissal of revision - Delay condoned...........
Consumer Protection Act, 1986, Section 15 -- Appeal - Condonation of delay - Application for condonation of delay cannot be allowed unless it demonstrates that there is good and sufficient cause for the delay - Delay of each day is to be explained - Plea that a lot of time spent in obtaining opinion of various counsel and frequent change of CEO in the office of appellant -..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Appeal - Death of appellant during pendency of appeal - Applicant came to know about pendency of appeal when he received a communication from Advocate engaged by his father - Application rejected on the ground that there was no prayer for setting aside abatement of appeal nor for condonation of delay - Applicant therefore..........
Civil Procedure Code, 1908, Section 11, Order 22, Rule 3, 11 -- Impleading of L.R's - Application held not maintainable on ground that separate application for condonation of delay not filed - Subsequently separate applications filed - Held, subsequent applications not barred by principle of res judicata...........
Civil Procedure Code, 1908, Section 114 -- Review petition seeking review of order of enhancement of compensation - Application for condonation of delay in filing same - Petition Corporation on whose requisition land was acquired, sought review of order enhancing land acquisition award - Being fully aware of appeal preferred by State and also by claimant, petitioner did..........
