Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of documents - Accused did not even file any affidavit in support of application u/s 91 Cr.P.C - Even, he failed to demonstrate as to how documents sought for are necessary and relevant for judicial disposal of case - Application filed only to delay..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of documents - Accused did not even file any affidavit in support of application u/s 91 Cr.P.C - Even, he failed to demonstrate as to how documents sought for are necessary and relevant for judicial disposal of case - Application filed only to delay..........
Limitation Act, 1963, Section 5, Commercial Courts Act, 2015, Section 13 -- Condonation of delay - Commercial suit - S.5 of Limitation Act can be invoked and applied to condone the delay under the 2015 Act...........
Limitation Act, 1963, Section 5, Commercial Courts Act, 2015, Section 13 -- Condonation of delay - Delay of 156 days in filing commercial appeal - Sufficient cause is disclosed for delay in filing appeal - Delay condoned subject to payment of costs of Rs.10,000 to defendant...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Where amendment is an alternative approach to the existing facts, same cannot be disallowed merely because it was claimed after delay...........
Limitation Act, 1963, Section 3 -- Limitation - Suit filed within limitation - Suit cannot be dismissed on the ground of delay and laches...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant though claimed that he was not served at the correct address, however in execution proceedings on the same very address, he received summons and put in appearance through his counsel - Application U.O.9.R.13 CPC filed after delay of more than a year and no explanation was given for..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Delay in filing the complaint has not been explained by prosecution - Doctor has opined that injuries are simple in nature - Name of accused is not shown in the wound certificate - If really the accused assaulted PW1 with his hands, as alleged by prosecution, he would have disclosed the name of accused before..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 172 days - No proper reasons assigned - Defendant made an attempt to file an independent suit challenging Court auction sale - It is clear that petitioners were very well aware of the legal rights - Application for condonation of delay rightly rejected...........
Agreement to sell -- Specific performance - Agreement with only one of the co-owners - Suit filed on the last day of limitation inspite of having knowledge of sale deed executed in favour of defendant Nos.12 to 14 - Suit having been preferred after a long delay, plaintiff is not entitled for specific performance - Dismissal of suit by High Court, upheld...........
