Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Condonation of delay - Court can direct payment of a portion of the decretal amount or the cost, while exercising discretion for setting aside ex parte decree or condoning delay...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Condonation of delay - Allowed subject to payment of entire suit claim - Held, Court should not have imposed such an unreasonable and onerous condition...........
Limitation Act, 1963, Section 5 -- "Sufficient cause" - To receive liberal construction so as to advance substantial justice - When there is no negligence, inaction or want of bona fide is imputable to the applicant, the delay has to be condoned - Discretion is to be exercised like any other judicial discretion with vigilance and circumspection - Discretion not to be..........
Land Acquisition Act, 1894, Section 4, 6, 17(4) -- Acquisition of land - Quashing of notification - Petition for quashing of notification for acquisition of land, filed nearly 10 years after the declaration issued u/s 6 of Act - Petition dismissed on the ground of inordinate delay and laches...........
Land Acquisition Act, 1894, Section 5A -- Acquisition of land - Objections - Delay and laches - Landowners challenging acquisition that authority giving land to private developers for development of residential purposes and land was not utilized for the purpose for which it was acquired i.e for industrial development - Merely because part of land is utilized for..........
Limitation Act, 1963, Section 5 -- Condonation of delay - While considering delay condonation application, Court has to see the merit of case also as law of limitation is not meant to take away the right of appeal - Courts are meant for imparting substantial justice and not to scuttle the justice on technicalities - Length of delay is also not very much material if there..........
Limitation Act, 1963, Section 5 -- Condonation of delay - While dealing with delay condonation application Court/Tribunal if comes to conclusion that there had been any negligence on the part of parties in not instituting the action well within time and that has caused some inconvenience to other side, it may be compensated by imposing some cost payable to person to whom..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Application for delay condonation filed after 11 years - While considering the rustic nature of applicant, delay condoned subject to payment of Rs.5,000/- as costs...........
Indian Penal Code, 1860, Section 436 -- Mischief by fire - Setting complainant's hut on fire - Rivalry between parties - Unsatisfactorily explanation of delay of 2 days in lodging FIR - Contradictions and omission in the evidence of PWs and other examined witness turned hostile - Match box and kerosene cane not recovered - Held, on the sole count of unexplained delay of 2..........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal by victim - Limitation - No limitation is provided for filing appeal against acquittal by victim as S.372 Proviso Cr.P.C. and Art.114 of Limitation Act is silent - However, such an appeal should be filed within reasonable time - But it would not be appropriate to hold that limitation should be counted..........
