Calcutta Thika Tenancy Act, 1949, Section 2(5) -- Thika tenant - Registered lease deed executed in favour of respondent for a period of 20 years - However, definition of Thika tenant will have no application to lease beyond 12 years period - Declaration in favour of respondent on that basis cannot stand being a manifest error apparent on face of record and also contrary to..........
Supreme Court Rules, 2013, Order 22, Rule 5 -- Exemption from surrendering - O.22.R.5 of Rules, makes it mandatory for a person to surrender or seek exemption from surrendering only when he has been sentenced to a term of imprisonment - Petitioner not sentenced to any term of imprisonment by orders impugned in SLP - Question of petitioner surrendering or seeking exemption..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing first appeal - Appellate Court cannot decide appeal unless application for condonation of delay is decided in favour of appellant...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Provision of O.15.R.5 CPC can be invoked when suit is instituted for recovery of possession by eviction of lessee and for recovery of amount of rent or compensation for use and occupation of the premises...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Possession of leased premises handed over to plaintiff in view of subsequent development - Default if any stands purged, as possession has been already handed over - Suit is now only for recovery of amount of lease money - O.15.R.5 CPC is not longer applicable - Order of striking of defence set aside...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 628 days in filing appeal - Delay in filing appeal not occasioned deliberately or on account of mala fide - But occurred due to negligence and lack of competence of concerned officers who could not even arrange for certified copy of judgment and decree of trial Court for about 2 years - Delay condoned..........
Police Act, 1861, Section 2, 46(11), Uttar Pradesh Police Motor Transport Unit Subordinate Officers Service Rules, 2015, Rule 5(c), 10 -- Service - Selection process - Post of Head Constable Motor Transport - Constable Drivers can be promoted on basis of seniority to Head Constable Drivers - If they desire to be appointed as Head Constable Motor Transport, then they have..........
Indian Penal Code, 1860, Section 161, Prevention of Corruption Act, 1947, Section 5(2) -- Offence u/s 161 IPC and S.5(2) of P.C Act - Reduction of sentence - Accused is a lady, who is now a senior citizen aged about more than 70 years - She is not keeping good health and is suffering from age related ailments - Accused has been suffering mental incarceration for about more..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 2698 days - Summons not issued to defendant personally - Defendant came to know about ex parte decree when he received notice in the execution petition - Court not satisfied with the explanation of defendant - However, in view..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- First hearing of a suit - Meaning - First hearing of a suit would be day on which Court applies its mind to case which ordinarily would be at the time when either issues are determined or evidence taken...........
