Limitation Act, 1963, Section 5 -- Delay - Condonation - Rejection of application by one line observation that `Cause shown for delay is of general nature' - Such an order rejecting delay condonation application cannot be sustained...........
Limitation Act, 1963, Section 5 -- Condonation of delay - While considering delay condonation application Court has to see merit of case also - Length of delay is not very much material if there is substance on merit...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Delay in filing appeal - Condonation of delay - Filing of an application for condoning delay of 1727 days without disclosing reasons and failure to pay court fee at the time of appeal discloses that there was total lack of bona fides in its approach - Delay condoned by High Court after..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Limitation - Condonation of delay - Delay of 25 days in filing complaint - High Court quashed complaint on ground that complaint is barred by limitation when plea of limitation was taken for the first time before High Court - High Court ought to have remanded the matter back to trial Court for..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 465 days - Reasons stated to be suffering from severe ill health - Petitioner not chosen to file any medical certificate nor did he examine himself or any doctor to prove it - Even nature of illness not mentioned - Inordinate delay not satisfactorily explained - Dismissal of application, upheld...........
Limitation Act, 1963, Section 5 -- Condonation of delay - While dealing with application for condonation of delay, attitude of Courts is required to be liberal and hyper-technical attitude cannot be resorted to...........
Civil Procedure Code, 1908, Order 22, Rule 3, Limitation Act, 1963, Section 5 -- Substitution of LRs - Condonation of delay - Petition for substitution filed by wife after seven years of death of her husband i.e. original plaintiff - Wife had knowledge of pendency of appeal - Her plea that she was told by her husband that counsel would inform about hearing of application -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Court not to adopt an injustice-oriented approach in rejecting the application for condonation of delay - Court has to draw a distinction between delay and inordinate delay - Sufficient cause is a condition precedent for exercise of discretion by the Court for condoning the delay - When mandatory provision is not..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Court not to adopt an injustice-oriented approach in rejecting the application for condonation of delay - Court has to draw a distinction between delay and inordinate delay - Sufficient cause is a condition precedent for exercise of discretion by the Court for condoning the delay - When mandatory provision is not..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of more than two years in filing appeal - Appellant not able to make out any sufficient cause for not filing appeal within the prescribed period of limitation as he has acted in a negligent manner - There was no bona fide on his part and he further cannot be said to have acted diligently - No explanation on..........