Insolvency and Bankruptcy Code, 2016, Section 31(1), Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 -- Withdrawal of Resolution Plan by a successful Resolution Applicant under IBC - Whether allowed before it is approved by NCLT - Owing to investigations into accounts of Educomp, applicant filed withdrawal..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Theft of vehicle - Delay of 7 days in lodging FIR and delay of 78 days in intimating to the Insurance Company - District Forum and State Commission passed an award to pay the insured amount but National Commission set aside the order - Delay in lodging FIR need not to be considered, in the instant case, as plea..........
Agreement to sell -- Specific performance - It is an equitable relief - Once it is proved that plaintiff himself is guilty of delay and laches, then that itself is sufficient to disentitle him from the equitable relief...........
Agreement to sell -- Specific performance - Delay and latches - Defendant cancelled the agreement by sending notice which was duly received by plaintiff - Though plaintiff kept on replying to notices sent by defendants, but he did not take any positive step in order to get agreement to sell enforced - Even, defendant filed a suit for permanent injunction in which..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Wrong legal advice which a party bona fide believed to be true generally constitutes, though not always, sufficient cause to condone delay within meaning of S.5 of the Act...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Court should lean in favour of hearing on merits - Court should as far as may be opt to decide on merits, rather than shutting out parties on the technicality of limitation...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Refusal to condone delay - Delay is indeed not condonable when circumstances show gross negligence or litigant may be demonstrated to be one who has slept over his rights - Those are cases, where other side contests the claim, rebuts the facts and disputes what the party seeking condonation asserts or urges...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing first appeal - There should be liberal exercise of discretion to condone delay, once explanation comes within what the law understands as `sufficient cause'...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Train - Late arrival - Compensation - Railways to prove that delay occurred because of reasons beyond their control - Railways is liable to pay compensation for the delay and late arrival of trains when no evidence is led that delay was beyond their control and there is no justification for delay...........
Service -- Disciplinary enquiry - Every delay in conducting disciplinary enquiry does not ipso facto lead to enquiry being vitiated...........