Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Neither did respondent No.1 and co-respondents nor so-called attending doctor of respondent No.1 stepped into witness box to prove that respondent no.1 was ill - Assuming that respondent No.1 was so sick which prevented him from..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for possession and permanent injunction - Suit filed after an unexplained delay of nearly 37 years from the date of alleged dispossession or encroachment - Cause of action as pleaded having arisen in 2008 on the basis of demarcation - Mere demarcation cannot give rise to a fresh cause of action so as to override the..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Issue of limitation generally is a mixed question of fact and law - However, there is no hard and fast rule that every question of limitation is to be treated as a mixed question of fact and law - Where action is initiated after several years after right to sue accrued, without any pleadings to explain reasons for..........
Motor Vehicles Act, 1988, Section 166, Limitation Act, 1963, Section 6 -- Accident - Claim petition - Condonation of delay in filing appeal by minor on attaining majority - Provision of S.6 of the Act applies only with respect to a suit or an application for execution of a decree and not to an appeal or any other proceedings...........
Constitution of India, 1950, Article 215, Contempt of Courts Act, 1971, Section 2(c), Hindu Marriage Act, 1955, Section 24 -- Contempt of court - There are repeated orders passed by Family Court as well as by this Court in respect of payment of maintenance - The Respondent has not fully complied with the said orders - However, when the matter was taken up, various..........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Magistrate - Murder - Body of deceased was found at 5:30 am and FIR is alleged to have been registered soon thereafter - Report and FIR were presented to Magistrate at 3:30 pm - Explanation that delay occurred because of transfer of Magistrate as per constable, who had brought the FIR to Court - However,..........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 7, 7A -- Bail - Offence u/ss 7, 7-A of P.C Act - Petitioner has been in custody since 24.12.2024 - Challan already presented - Prosecution has cited 30 witnesses, none of whom have been examined yet - Trial is likely to take considerable time to conclude - No recovery of any alleged..........
Insolvency and Bankruptcy Code, 2016, Section 61(2) -- Appeal - Delay in filing appeal - Condonation of delay - Certified copy of orders passed by NCLT not applied - Second appeal, on this score alone is to be dismissed as there is no question of moving an application for condonation of delay when no application for obtaining a certified copy of order has been filed -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal against ex parte divorce decree - Nothing on record to show that wife had left her permanent address at any point of time - It cannot be said that wife had no communication with her permanent address and never came to her permanent address, as disclosed in the cause title of appeal, during the..........
Service -- Wrongful order passed by quasi judicial authority - Delay in initiating departmental proceedings - Where there is unexplained inordinate delay in initiating departmental proceedings despite alleged misconduct being within knowledge of department, but still no departmental proceedings are initiated, chargesheet issued can be quashed...........
