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- Words and Phrases

IBC Section 7, consciously uses the expression “default” – not the date of notifying the loan account of the corporate person as NPA.

CIVIL

CPC O. 6 R. 17 – Merely introducing a declaratory relief through the proposed amendment does not alter the nature of the suit. [ID 487774]

CIVIL

All the rules of procedure are the handmaid of justice.

CIVIL

CPC O. 39 R. 1 and 2 – Injunction restraining the petitioner from interfering with the respondent’s possession upheld. Petitioner’s claim of purchasing a share from a co-sharer rejected due to lack of evidence of possession by the co-sharer or the petitioner. Undivided shares can be sold but possession requires partition by metes and bounds. Injunction properly granted; petition dismissed. [ID 213901]

Home Category CIVIL

CIVIL

COI Art. 227 – Revision – Scope of interference is limited.

CIVIL

Objection as to the mode of proof – Must be taken when the document is tendered and before it is marked as an exhibit

Objection as to the mode of proof - Must be taken when the document is tendered and before it is...

Limitation Act, 1963

A distinction must be made between a case where the delay is inordinate and a case where the delay is of few days and whereas in the former case the consideration of prejudice to the other side

Limitation Act S. 5, Sufficient Cause - Limitation A distinction must be made between a case where the delay is...

Limitation Act, 1963

‘Sufficient cause’ has to receive liberal construction, it must squarely fall within the concept of reasonable time and proper conduct of the party concerned.

Limitation Act S. 5, Sufficient Cause - Limitation '25. We may state that even if the term 'sufficient cause' has...

Limitation Act, 1963

Sufficient Cause – Limitation – No straitjacket formula is prescribed

Limitation Act S. 5, Sufficient Cause - Limitation While considering an application for condonation of delay no straitjacket formula is...

Limitation Act, 1963

Limitation – Justifiably advocated adoption of liberal approach in condoning the delay of short duration and a stricter approach where the delay is inordinate

Limitation Act S. 5, Sufficient Cause - Limitation The courts are bestowed with the power to condone the delay, if...

Limitation Act, 1963

Limitation – Adoption of strict standard of proof sometimes fails to protect public justice and it may result in public mischief

Limitation Act S. 5, Sufficient Cause - Limitation Adoption of strict standard of proof sometimes fails to protect public justice...

Limitation Act, 1963

Limitation – Fraud – If such an interpolated order is allowed to stand, there would be failure of justice

Limitation Act S. 5, Fraud Court was dealing with a fact- situation where the interim order passed by the court...

Limitation Act, 1963

Limitation – Expression ‘sufficient cause’ in Section 5 must receive a liberal construction so as to advance substantial justice and generally delays in preferring appeals are required to be condoned in the interest of justice

Limitation Act S. 5, Sufficient Cause - Limitation 'The contours of the area of discretion of the courts in the...

Limitation Act, 1963

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IBC Section 7, consciously uses the expression “default” – not the date of notifying the loan account of the corporate person as NPA.

CPC O. 6 R. 17 – Merely introducing a declaratory relief through the proposed amendment does not alter the nature of the suit. [ID 487774]

All the rules of procedure are the handmaid of justice.

CIVIL

Objection as to the mode of proof – Must be taken when the document is tendered and before it is marked as an exhibit

A distinction must be made between a case where the delay is inordinate and a case where the delay is of few days and whereas in the former case the consideration of prejudice to the other side

‘Sufficient cause’ has to receive liberal construction, it must squarely fall within the concept of reasonable time and proper conduct of the party concerned.

Sufficient Cause – Limitation – No straitjacket formula is prescribed

Limitation – Justifiably advocated adoption of liberal approach in condoning the delay of short duration and a stricter approach where the delay is inordinate

Limitation – Adoption of strict standard of proof sometimes fails to protect public justice and it may result in public mischief

Limitation – Fraud – If such an interpolated order is allowed to stand, there would be failure of justice

Limitation – Expression ‘sufficient cause’ in Section 5 must receive a liberal construction so as to advance substantial justice and generally delays in preferring appeals are required to be condoned in the interest of justice

Limitation – Sufficient cause

Limitation – Principles

Limitation – Courts have no power to extend the period of limitation on equitable grounds

“Once a mortgage always a mortgage” – Redemption

Case of purchaser pending lis – Redemption of Mortgage

By virtue of purchase of the property, the purchaser has purchased the entire equity of redemption.

Right of redemption – Mortgage – is a statutory right.

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