Criminal Procedure Code, 1973, Section 144(2) -- Proceedings u/s 144(2) Cr.P.C - Status quo order - Executive Magistrate did not pen down any observation as to his objective satisfaction to the effect that if any restraint order is not passed, there would be serious breach of peace between parties in respect of suit properties - Without such observation prima facie..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Where amendment does not constitute an addition of a new case, but amounts to no more than adding to facts already on record, amendment would be allowed even after statutory period of limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - When there is an arguable question whether new relief claimed by plaintiff by way of amendment of plaint is barred by limitation, amendment can be allowed after saving question of limitation to be agitated and adjudicated in trial of case...........
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...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - There is no difference of power, scope, jurisdiction or limitation under the Code between appeals against judgments of conviction or of acquittal - Appellate Court is free to reconsider questions of both law and fact and re-appreciate entirety of evidence on record - However, in practice appellate..........
Agreement to sell -- Specific performance - Starting point of limitation - Period of limitation in a suit for specific performance do not begin to run from date on which agreement to sell has been executed - Period of limitation would either begin to run from the date fixed for its performance or if no date or period is stipulated, then from the date the plaintiff has..........
Civil Procedure Code, 1908, Section 151 -- Execution - Dismissed in default - Restoration - Execution petition was adjourned time and again for Commissioner's report - Court dismissed execution petition as DH is not ready - It is thus, clear that dismissal is not U.O.21.R.105(2) CPC i.e. a dismissal for non appearance of petitioner - Application filed u/s 151 CPC for..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 663 days in filing special leave petition by Govt. - Inordinate delay stated to be "due to unavailability of documents and the process of arranging the documents" - When there is inordinate delay then Govt. or State authorities must pay for wastage of judicial time which has its own value - Such costs can..........
