Search Results for "bona fide delay"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "bona fide delay"

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Supreme Court

Supreme Court Allows Appeal Against Ex-Parte Decree Despite Dismissal of Order IX Rule 13 Application — Delay Condoned Due to Pendency of Earlier Proceedings. The Court held that the statutory right of appeal under Section 96(2) CPC is not extinguished by the dismissal of an application under Order IX Rule 13 CPC, and time spent in bona fide proceedings for setting aside the ex-parte decree constitutes sufficient cause for condonation of delay under Section 5 of the Limitation Act.

1 Jan 2019

The Supreme Court allowed the appeal filed by the defendant-appellant against the order of the Madras High Court refusing to condone the delay of 546 ...

Supreme Court

Supreme Court Allows BSFC Appeal, Upholds Auction Sale Under Section 29 of SFC Act Despite Concurrent Findings of Trial Court and High Court. Borrower's Persistent Default and Failure to Discharge Liability Justifies Corporation's Statutory Power to Sell Mortgaged Property Without Interference by Civil Court.

1 Jan 2026

The case involves an appeal by the Bihar State Financial Corporation (BSFC) against a judgment of the Patna High Court which affirmed a trial court de...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Limitation Bar — Winding Up Petition Filed Beyond Three Years from Default Date Cannot Be Revived Under IBC. The Court held that a time-barred winding up petition under the Companies Act, 1956 cannot be treated as a valid Section 7 application under the IBC, and the filing of a suit for specific performance does not extend limitation for a winding up petition.

25 Sep 2019

The Supreme Court considered appeals arising from the admission of a winding up petition under the Insolvency and Bankruptcy Code, 2016 (IBC). The pet...

High Court

Bombay High Court Dismisses Tenant's Appeal in Eviction Suit Under Bombay Rent Act — Landlord's Bona Fide Requirement and Tenant's Acquisition of Alternate Premises Upheld. The Court affirmed concurrent findings that the landlord genuinely needed the suit shop for his daughter's tailoring business and that the tenant had acquired suitable alternate premises, satisfying grounds under Sections 13(1)(g) and 13(1)(l) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

23 Sep 2025

The petitioners, legal heirs of the original plaintiff-landlord, filed a writ petition challenging the judgment of the Appellate Bench of the Small Ca...

High Court

Karnataka High Court Sets Aside Order Restoring Ex-Parte Regular Appeal Filed by Defendant in Title Suit. Presumption of Service Under Section 27 of General Clauses Act, 1897 Stands Unrebutted as Power of Attorney Holder Lacked Personal Knowledge to Lead Evidence.

10 Sep 2024

The Civil Revision Petition arose out of a title suit (O.S. No. 466/2011) filed by one Smt. Akkayamma seeking declaration of title and permanent injun...

High Court

Bombay High Court Dismisses Borrowers' Writ Petition in Cooperative Society Recovery Case Due to Lack of Bona Fides. Petitioners Failed to Repay Loan or Deposit Amount Under One Time Settlement Despite Recovery Certificate Under Section 101 of Maharashtra Cooperative Societies Act, 1960.

22 Jan 2024

The petitioners, Pravin Laxmanrao Chakole and Dipali Pravin Chakole, were borrowers and members of the New Subhedar Nagari Sahakari Pat Sanstha Ltd., ...

High Court

High Court of Bombay Disposes of Notice of Motion in Flat Allotment Dispute — Consideration of Interim Relief for Appointment of Receiver and Injunction Sought by Original Allottee’s Transferee. The court examines validity of termination of allotment by builder where original allottee alleged fraud in transfer, and subsequent sales to third parties.

4 Jun 2014

The present dispute arose out of a flat in the Oberoi Splendor project at Andheri, Mumbai. The plaintiff, a practising advocate, filed a suit seeking ...

Supreme Court

Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

22 Mar 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

Supreme Court

Supreme Court Allows Refund of Stamp Duty in Consumer Dispute, Overturns High Court's Limitation Bar. Stamp Duty Refund Application Not Barred by Six-Month Limitation Under Section 48(3) of Maharashtra Stamp Act, 1958 When Stamp Paper Purchased Bona Fide and Transaction Failed Due to Judicial Order from National Consumer Disputes Redressal Commission.

24 Sep 2021

The dispute originated from the appellant's booking of a residential apartment in Pune in 2014, where he paid stamp duty for an agreement to sell. A d...

High Court

Bombay High Court Dismisses Writ Petition Challenging School Tribunal's Refusal to Condone Delay in Appeal Against Termination. Petitioner's Multiple Forums and Unexplained Delay of Over Three Years Justified Rejection of Condonation Application.

1 Oct 2015

The petitioner, Popat Sitaram Godge, was terminated from service on 22.05.1994 by the respondent educational institution. Instead of filing an appeal ...

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