Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468 -- Application u/s 12 of PWDV Act - Applicability of S.468 Cr.P.C - There is no offence committed in terms of provisions of the Act by the time application is preferred u/s 12 of PWDV Act - S.468 Cr.P.C not applicable to application u/s 12 of PWDV Act, as starting..........
Criminal Procedure Code, 1973, Section 468 -- Limitation - If filing of complaint or initiation of proceedings was within prescribed period from date of commission of an offence, Court would be entitled to take cognizance even after the prescribed period was over...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Proviso - Dishonour of cheque - Delay in filing complaint - Issue of limitation raised for the first time in appeal - Appellate Court did not commit any error in setting aside the judgment and directing complainant to file necessary application to condone delay in the trial Court...........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree in favour of husband - Husband pleaded that he performed second marriage after expiry of limitation of filing of appeal - Wife disputing second marriage by submitting that photograph and marriage card produced are forged documents created only to misguide..........
Arbitration and Conciliation Act, 1996, Section 37, Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay - Once an appeal is found to be barred by limitation, there can be no question of any obligation of Court to consider the merits of case of appellant...........
Arbitration and Conciliation Act, 1996, Section 37, Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay - Ground that delay in filing appeal u/s 37 of the Act is not condonable beyond 120 days is misconceived...........
Arbitration and Conciliation Act, 1996, Section 37, Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay of 337 days in filing appeal - Failure to show sufficient cause for condonation of inordinate delay of 337 days in filing appeal - Though liberal approach may be adopted when some plausible cause for delay is shown, however, liberal approach does not mean..........
Civil Procedure Code, 1908, Section 115 -- (as amended in State of Orissa) - Revision - Maintainability - Order allowing application u/s 5 of Limitation Act - Application for condonation of delay in filing first appeal has no independent existence bereft of appeal - It cannot be said that said order passed in limitation application was passed in any original or independent..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Uncondonable delay cannot be condoned in a routine manner - Condonation of delay is an exception - Exceptions are to be exercised discreetly, if reasons furnished are genuine and acceptable...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2575 days in filing second appeal - Condonation of delay cannot be allowed merely based on merits in the main appeal - However, in certain circumstances, Courts can take a lenient view if reasons are genuine and if delay is about three months or upto five or six months, Courts may take a lenient view, but..........
