Protection to life and liberty -- Police protection - Guidelines in dealing with habeas corpus petitions, viz. (i) Such must be given a priority in listing and hearing before the Court - A Court must avoid adjourning the matter, or delays in the disposal of the case; (ii) In evaluating the locus standi of a partner or friend, Court must not make a roving enquiry into the..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay is of only 17 days - Counsel for appellant met with an accident and he remained hospitalized for 3 days - Considering the period of 22 days for obtaining certified copy of order dismissing suit, delay of 17 days condoned - Suit restored...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Madras High Court Original Side Rules not complied with - Order directing deposit of 75% of suit claim as condition precedent for condoning delay and for setting aside ex parte decree - Held, unwarranted - Instead an order of payment of cost should have been..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Any right accrued to the opposite party cannot be taken away on account of delay in filing the application...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Suit for specific performance - Reasons assigned by defendant for delay in filing application to set aside ex parte order not satisfactory - However, in view of the fact that substantial rights of defendant are involved in the suit and suit is coming up for evidence on defendants side, ends of..........
Consumer Protection Act, 1986, Section 23 -- Apartment buyers agreement - Delay of handing over possession - Refund of amount - Interest - Agreement itself provided for the interest component on the refund amount and stipulated the rate thereof as 12% p.a. - That being so, respondent/Company cannot seek reduction of the rate of interest contrary to the agreed rate...........
Consumer Protection Act, 1986, Section 23 -- Apartment buyers agreement - Delay of handing over possession - Refund of amount - Agreement stipulated the date of delivery of possession of the apartment for fit outs with a grace period of one year - Admittedly, respondent/company did not offer delivery of possession of the apartment for fit outs by that date - Agreement..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Ample opportunities were given to plaintiff to lead evidence for a period of more than two years - Advocate of plaintiffs has taken more than six opportunities to file evidence during said period, but did not file it - Plaintiffs with intention to delay the Court proceedings and not..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Ample opportunities were given to plaintiff to lead evidence for a period of more than two years - Advocate of plaintiffs has taken more than six opportunities to file evidence during said period, but did not file it - Plaintiffs with intention to delay the Court proceedings and not..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Discretion to condone the delay must be exercised with care and caution on having objective satisfaction regarding sufficient cause to condone the delay - In the instant case, there is no sufficient reason disclosed in the application u/s 5 of the Act to condone the delay - Application rejected...........
