Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing substitution application - Trial Court condoned delay on sufficient cause being shown i.e Corona Pandemic - Exercise of discretion by trial Court in a judicial manner which advances the cause of justice - No inference warranted in said findings of trial Court - Delay rightly condoned...........
Agreement to sell -- Specific performance - Long unexplained delay in not taking any reasonable steps by buyer and silence on the part of buyer in this regard while in witness box is itself sufficient to disentitle him to an equitable relief of specific performance...........
Agreement to sell -- Specific performance - Date fixed for execution of sale deed was one year from the date of measurement of suit schedule property - However, no such measurement was carried out and plaintiff has not raised any objection in this regard till he got issued legal notice i.e almost for a period of 3 years - Suit came to be filed only at the fag end of..........
Criminal Procedure Code, 1973, Section 102 -- Seizure of property u/s 102 Cr.P.C - Delay in complying with S.102 Cr.P.C would not vitiate the seizure as such...........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Delay in forthwith reporting seizure to Magistrate may only be an irregularity but total failure to report seizure will definitely have a negative impact on the validity of seizure...........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Delay in reporting the seizure to Magistrate - Directions issued: (i) Police officer concerned shall inform bank whether seizure of bank account has been reported to jurisdictional Magistrate and if not, time limit within which seizure will be reported - If no intimation as to compliance or proposal..........
Agreement to sell -- Specific performance - Plaintiff has proved the service of notice of demand to the defendant - Suit is filed within limitation and subsequent purchasers did not raise a plea of delay and laches - There are concurrent findings of three Courts on the issue of readiness and willingness shown by first plaintiff - No interference warranted in said findings..........
Civil Procedure Code, 1908, Order 39, Rule 3(a) -- Ex parte ad interim injunction - Where it is proposed to grant injunction without giving notice to opposite party, Court shall record reasons for its opinion that object of granting injunction would be defeated by delay...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 105 days in filing appeal - Counsel for appellant for whatever reason chose not to file and/or genuinely forgot to file the appeal - Litigant cannot be made to suffer on account of conduct/inaction of counsel - Moreover, once the inaction came to light, she has taken a stand, changed the counsel and has..........
Civil Procedure Code, 1908, Section 10 -- Stay of first suit - Second suit filed by defendant was merely a ploy to delay the proceedings in the first suit - Order dismissing application, upheld...........
