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..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Limitation - Condonation of delay - S.34(3) Proviso of the Act states that Court may condone delay of a period up to thirty days in filing objections if it is satisfied that applicant is prevented by sufficient cause from making an application u/s 34(1) of the Act...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Limitation - Condonation of delay - Application for setting award was made on 28 Mar 2014 accompanied by an application for condonation of delay of eight days - Court therefore, had power to condone eight days delay, which is less than thirty days in terms of S.34(3) Proviso of the Act -..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for mandatory injunction - Auction sale - Confirmation - Suit filed more than 12 years after auction was conducted - Suit has to be filed within 3 years of auction being conducted in terms of Art.54 of Schedule to Limitation Act - Suit for injunction filed beyond the period of limitation is barred by limitation...........
