Limitation Act, 1963, Section 5 -- Delay - Condonation - Government - In case of a Government Department the factor of impersonal machinery assumes considerable proportions inasmuch as, the awareness works at the back of the mind of the people that no one in charge of the matter is directly hit or hurt by the impugned order which is to be the subject matter of revision or..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay - Condonation - Delay of 8 years condoned but application for setting aside ex parte decree dismissed - Held, it would be in the interest of justice to allow appeal filed by he appellant and allow the application U.9.R.13 CPC, of course, with a heavy..........
Service -- Disciplinary proceedings - Employee asserting that disciplinary proceeding was initiated by an incompetent authority - Challenging the same after conclusion of proceedings, and after 15 months of imposition of punishment as against limitation of 30 days - Deliberate attempt to prolong the litigation - Held, writ petition is not maintainable being hit by..........
Limitation Act, 1963, Section 14 -- Limitation - Exemption from - Held, relief u/s 14 should be claimed in a subsequent suit after the first "civil proceeding" is turned down defective...........
Limitation Act, 1963, Section 14 -- Limitation - Exemption from - Writ jurisdiction - Held, High Court can not grant exemption from limitation u/s 14 while dismissing a writ petition as not the appropriate remedy...........
Limitation Act, 1963, Section 14 -- Exemption from limitation - Plaintiff should plead and prove : (a) The exemption claimed should be for the period the plaintiff has been prosecuting a civil proceeding in a court of first instance or of appeal or revision against the defendant; (b) such proceedings prosecuted should have been done with due diligence and in good faith;..........
Hindu Marriage Act, 1955, Section 16(3) -- Illegitimate children - Right to property of parents - Limitation - Such children cannot ask for partition during lifetime of their parents but can exercise their right only after death of their parents...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Party in possession of property under an agreement of sale has not only a right to defend his possession in an action brought by transferor or any person claiming under him but he can also institute a suit for injunction to protect his possession by invoking doctrine of part performance even though his..........
A P Charitable and Hindu Religious Institutions and Endowments Act, 1987, Section 153, Tirumala Tirupathi Devasthanams Employees Service Rules, 1989, Rule 13, 2 -- Extension to ex-employee - Limitation - Appellant an ex-employee appointed as officer on special duty on contract basis on payment of monthly remuneration - Continuation of the appellant beyond five years -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Application filed alongwith an application u/s 5 of Limitation Act for condonation of delay - Plea that suit has been decreed without effecting service and a fraud has been played upon Court - No finding returned with regard to fraud but application for..........
