Will -- Suspicious circumstance - Delay in seeking probate of Wills - Occasion for appellants to seek probate of Will arose only when respondents filed suit for partition, therefore there was actually no delay on the part of appellants in seeking probate - Order granting probate restored...........
Civil Procedure Code, 1908, Section 115 -- (as amended in State of Orissa) - Revision - Maintainability - Order allowing application u/s 5 of Limitation Act - Application for condonation of delay in filing first appeal has no independent existence bereft of appeal - It cannot be said that said order passed in limitation application was passed in any original or independent..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Uncondonable delay cannot be condoned in a routine manner - Condonation of delay is an exception - Exceptions are to be exercised discreetly, if reasons furnished are genuine and acceptable...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2575 days in filing second appeal - Condonation of delay cannot be allowed merely based on merits in the main appeal - However, in certain circumstances, Courts can take a lenient view if reasons are genuine and if delay is about three months or upto five or six months, Courts may take a lenient view, but..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Limitation - Condonation of delay - S.34(3) Proviso of the Act states that Court may condone delay of a period up to thirty days in filing objections if it is satisfied that applicant is prevented by sufficient cause from making an application u/s 34(1) of the Act...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Limitation - Condonation of delay - Application for setting award was made on 28 Mar 2014 accompanied by an application for condonation of delay of eight days - Court therefore, had power to condone eight days delay, which is less than thirty days in terms of S.34(3) Proviso of the Act -..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay of 1246 days in filing application U.O.9.R.13 CPC - Address of defendant mentioned different in different documents - Making the defendant to suffer under an ex parte decree passed would be unjustifiable - Substantial justice should be done by giving due opportunity to..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Petitioner cannot seek bail on the ground of delay of trial of the case...........
Criminal Procedure Code, 1973, Section 473 -- Extension of limitation - S.473 Cr.P.C cannot have any application, after cognizance was taken on a time barred complaint - Provision of S.473 Cr.P.C has to be invoked at pre-cognizance stage and once cognizance is taken, Court cannot go back to condone delay to save period of limitation...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application filed beyond prescribed time of 30 days - In absence of condonation of delay application order passed U.O.9.R.9 CPC either dismissing it or allowing it renders the order non-est...........
