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Showing : 311-320 of 4770 Results

KARNATAKA HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act,1963 -- Ex parte decree - Setting aside - Condonation of delay - Defendants contended that their local Advocate died and therefore they could not get any communication from advocate - Moreover, defendants though filed their written statement, but did not participate in the proceedings - No reason found to..........

KERALA HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Period of limitation for an application U.O.21.R.90 CPC is 60 days as per Art.127 of Limitation Act - Application filed beyond period of 60 days is barred by law, particularly when sufficient documents were not produced by petitioner before executing Court in order to prove his inability for..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1011 days in filing second appeal - No explanation much less a sufficient or a satisfactory explanation had been offered by appellants before High Court for condonation of huge delay of 1011 days in preferring second appeal - High Court is not at all justified in exercising its discretion to condone such a..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Limitation Act, 1963, Section 5, Arbitration and Conciliation Act, 1996, Section 34(3) -- Condonation of delay - Delay of 197 days in filing petition u/s 34 of 1996 Act - S.5 of Limitation Act is not applicable to condone delay beyond the period prescribed u/s 34(3) of 1996 Act - Delay of 197 days being beyond the period prescribed u/s 34(3) of 1996 Act cannot be condoned...........

KARNATAKA HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of fact and law - Trial Court could not have gone into said question at threshold and could not have determined the same - Application rightly rejected...........

ALLAHABAD HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Section 100, Limitation Act, 1963, Section 5 -- Condonation of delay - Dismissal of application by first appellate Court - Second appeal filed against such order and not against order dismissing first appeal - Order dismissing application for condonation of delay is not a decree and in the true sense it is only a formal order - Second appeal..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing review petition - Review petition filed by appellants after dismissal of SLP in limine - It cannot be said that time period spent in prosecuting SLP albeit some delay on part of appellants, will preclude appellants from seeking condonation of delay of period in filing review petition - Delay..........

MADRAS HIGH COURT

Year of decision: 2021
Details

Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 1265 days in filing application for setting aside ex parte decree - Defendant failed to explain the delay in proper manner - No medical reports were produced for fracture as alleged by defendant - Defendant not produced his passport to show that he was not in..........

MADRAS HIGH COURT

Year of decision: 2021
Details

Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay in filing application for setting aside ex parte decree - Partition suit - Reason assigned for delay is that close relatives had advised defendant to withdraw the suit and settle dispute - Suit was allowed to be dismissed in default and thereafter restored - This..........

KERALA HIGH COURT

Year of decision: 2021
Details

Hindu Marriage Act, 1955, Section 28(4), Special Marriage Act, 1954, Section 39(4), Family Courts Act, 1984, Section 19(3) -- Period of limitation - When there is a special enactment prescribing period of limitation like S.28(4) of H.M Act and S.39(4) of Special Marriage Act enacted later in point of time, period of limitation in those enactments would prevail over period..........

Showing : 311-320 of 4770 Results