Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing revision - Sufficient cause for delay in filing revision is shown by respondent - Wrong legal advice in absence of any proper legal guidelines cannot be held negligence on the part of respondent - Moreover, if respondent is not given chance to raise the point u/s 197 Cr.P.C there may be prejudice to..........
Criminal Procedure Code, 1973, Section 468, Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Limitation - Complaint u/s 12 of the Act - When only notice was issued on complaint preferred u/s 12 of PWDV Act seeking their response and no cognizance order was passed, limitation u/s 468 Cr.P.C cannot come into picture and will not be applicable...........
Indian Penal Code, 1860, Section 498A, 506, 509, 34, Criminal Procedure Code, 1973, Section 468 -- Offence u/ss 498-A, 506, 509, 34 IPC - Limitation - Gap between date on which complainant went back to house of her parents and date on which she filed complaint is more than 3 years - Allegations relating to later period of time are allegations of neglect and refusal to..........
Limitation Act, 1963, Article 97, Hindu Succession Act, 1956, Section 22 -- Limitation - Preferential right of heir to acquire property - Suit for declaration and possession - Sale deed being challenged by plaintiff executed in favour of defendant no.1 - Limitation is to be taken as one year from date of execution of registered sale deed - Suit filed after one year from..........
Civil Procedure Code, 1908, Order 22, Rule 4, 10A -- Substitution of LRs - Limitation - Law as to: (i) limitation for substitution of LRs of a deceased plaintiff/defendant commences from the date of death and not from date of knowledge; (ii) abatement on non-filing of an application for substitution of LRs within prescribed limitation is automatic and; (iii) provision of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Condonation of delay - Wife was duly served in the proceedings - She was thus, aware of filing of divorce petition - Wife was negligent and not interested in pursuing the proceedings - Even, the present appeal is filed belatedly after delay of 136 days..........
Transfer of Property Act, 1882, Section 60, 58 -- Usufructuary mortgage - Redemption - Right of usufructuary mortgagor to redeem property does not get extinguished due to non payment of mortgage money within time fixed by Court, as there is no limitation for depositing mortgage money - Filing of an application to condone delay in depositing mortgage money is superfluous..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2 years and 93 days in filing appeal - Complete careless and reckless long delay shown on the part of applicant which has remained virtually unexplained at all - Application for condonation of delay rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 54 -- Rejection of plaint - Barred by limitation - Suit for specific performance - Cause of action to file suit arose on the date when registered sale deed is executed in favour of defendant through Court proceedings - Prior to said date defendant himself was not having any title to suit..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Unless there is a reasonable and acceptable explanation for delay, Court is not bound to condoned the same...........
