Search Results for "Belated Application"

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Supreme Court Dismisses Appeals Against Rejection of Application to Summon Records in Adoption Deed Cancellation Suit. Belated Application Without Pleading Cannot Be Entertained After Evidence Closed.

The appellants, plaintiffs in Original Suit No. 107/2010 pending before the Civil Judge (J.D.) Saidpur, Gazipur, filed the suit for cancellation of a ...

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Bombay High Court Dismisses Writ Petition Challenging Tribunal Order in Service Matter Due to Inordinate Delay and Laches. Petitioner's claim for correction of promotion date after 21 years held to be stale and not maintainable.

The petitioner, a retired customs officer, filed a writ petition challenging the order of the Central Administrative Tribunal dismissing his Original ...

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Bombay High Court Dismisses Appeal Seeking Confirmation of Share Transfer in Wound-Up Company Due to Inordinate Delay and Lack of Evidence. Section 536(2) of Companies Act, 1956 requires timely application and proof of bona fide transfer before winding up order.

The appellant, Rathnam P.V., filed an appeal against the order of the Company Judge dismissing his application under Section 536(2) of the Companies A...

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Bombay High Court Allows Ph.D. Registration Extension Despite Delay — Directory Nature of Time Limit. Requirement to apply three months before expiry held directory where no prejudice caused and delay minimal.

The petitioner, Smt. Sudha Ganeshdatta Tiwari, applied for Ph.D. registration on 15.7.2010 with Rashtrasant Tukdoji Maharaj Nagpur University. Her app...

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Bombay High Court Allows Amendment in Suit for Specific Performance and Injunction — Delay Condoned Due to Sufficient Cause. Amendment sought to incorporate subsequent events and additional reliefs held necessary for complete adjudication of dispute.

The present application was filed by the applicants/plaintiffs, Meteor Estates Pvt. Ltd. and Romesh Satyanarayan Sharma, seeking amendment of the plai...

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Bombay High Court Dismisses Petitioner's Claim for Shortfall Land Due to Delay and Laches. Claim for balance land under Maharashtra Project Affected Persons Rehabilitation Act, 1999 rejected as application made 37 years after acquisition award and 20 years after enactment without explanation.

The petitioner, legal heir of Tatoba Rama Chavan, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the resp...

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Bombay High Court Quashes Rejection of Exemption Application Under Section 10(23C)(vi) of Income Tax Act — CBDT Circular Extending Due Date Must Be Given Effect. University's Application Filed Within Extended Time Was Wrongly Rejected as Time-Barred; Court Directs Fresh Consideration on Merits.

The petitioner, Sanjay Ghodawat University, Kolhapur, is a university established by an act of the State Legislature of Maharashtra, which became oper...

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Bombay High Court Allows Refund of Stamp Duty Despite Delay in Filing Application Under Section 48(1) of Maharashtra Stamp Act. Limitation Bars Remedy Not Right, State Cannot Retain Double Stamp Duty on Same Transaction.

The petitioner, Nanji Dana Patel, entered into a development agreement with Keshav Krishanlal Syngal on 3 March 2014, paying stamp duty of Rs.78,65,00...

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Bombay High Court Allows Condonation of 381 Days' Delay in Filing Appeal Against Divorce Decree — Wife's Ignorance of Ex-Parte Decree Constitutes Sufficient Cause. Delay condoned as wife was unaware of the decree and learned of it only during DV Act proceedings, and no prejudice caused to husband.

The present Civil Application was filed by the applicant-wife seeking condonation of 381 days' delay in filing the Family Court Appeal against the jud...