Limitation Act S. 5 – Court cannot straightway dismiss the plea simply on the score that such a plea is ignoble
Limitation Act, Section 5 - Court observed that they were not inclined to hold that the delay in presenting the ...
Tag: limitation act S. 5
Limitation Act S. 5 – false stand to get rid of the bar of limitation should not be encouraged
Limitation Act, Section 5 - A party taking a false stand to get rid of the bar of limitation should ...
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 ...
‘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 ...
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 – 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 – 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 – 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 – 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 – Sufficient cause
Limitation Act S. 5, Sufficient Cause - Limitation A two-Judge Bench observed that the legislature has conferred power to condone ...
Limitation – Principles
Limitation Act S. 5, Limitation - Principles Principles that can broadly be culled out are: i) There should be a ...
Limitation Act, S. 5 – Government departments are under a special obligation to ensure that they perform their duties with diligence and commitment
Government departments are under a special obligation to ensure that they perform their duties with diligence and commitment “29. In ...
CPC S. 96(2) – Merely because the defendant pursued the remedy under Order IX Rule 13 CPC, it does not prohibit the defendant from filing the appeal if his application under Order IX Rule 13 CPC is dismissed.
Right of appeal under Section 96(2) CPC is a statutory right. Civil Procedure Code 1908 (V of 1908), Order 9 ...