Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Requirements of the provision are specific and Court cannot act on mere unfounded apprehensions - Applicant had to establish by means of an affidavit or otherwise that defendant was seeking to obstruct or delay execution of any decree that may be passed against him in pending suit by disposing of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Earlier application for amendment moved by tenant has already been rejected - Present application is filed seeking similar amendment - Case is at the stage of hearing - High Court already directed Court below to finalize proceedings of case within 6 months - Amendment..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Sufficient cause - Appellant had gone out of place for earning his livelihood and he could not contact his counsel - Constitutes sufficient cause for condonation of delay - Delay condoned...........
Constitution of India, 1950, Article 226 -- Writ petition - Condonation of delay - If delay is properly explained and no third party rights are being affected, writ Court u/art 226 of Constitution may condone delay...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Dismissal of suit in default - Delay of 693 days in filing restoration application - Suit is of the year 2014 - Delay caused due to engagement of plaintiff elsewhere - However, plaintiff remitted a huge amount as Court fees - This will show that plaintiff is desirous to contest suit and get decree on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Non-deposit of 20% of compensation amount - Order revoking suspension of sentence - 20% of compensation amount works out to Rs.12 lakhs - Accused already deposited an amount of Rs.6 lakhs and has now prepared another draft for balance amount of Rs.6 lakhs - Delay in arranging..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and prohibitory injunction - Relief of mandatory injunction sought by way of amendment of plaint - Though averments in plaint are incomplete to seek a relief of mandatory injunction, it cannot be found that by proposed amendment, plaintiff seeks to introduce a totally new and..........
Constitution of India, 1950, Article 226, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, Limitation Act, 1963, Section 5 -- Writ petition - Challenging entertaining of delayed filing of appeal by DRT - Maintainability of writ petition - S.17 of SARFAESI Act DRT has no power to condone delay - Order of DRT..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, Limitation Act, 1963, Section 14(2) -- Delay in filing appeal - Condonation of - Applicability of S.14(2) of Limitation Act - As per facts one petition was filed to challenge demand notice and other to challenge sale notice - As per S.14 of Limitation Act, time..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17 -- Appeal - Delay in filing - Condonation of delay - Neither DRT has power to condone delay while exercising powers u/s 17 of SARFAESI Act nor High Court can extend time of limitation for entertaining application u/s 17 of SARFAESI Act...........
