Search Results for "condonation of delay"

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Search Results for "condonation of delay"

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High Court

High Court of Karnataka Dismisses Writ Petition Challenging Condonation of Delay in Appeal — Limitation Act Section 5 Application Properly Allowed as Sufficient Cause Shown. The court held that the explanation of the respondent that he was under the impression that the decree was not binding due to lack of service of summons constituted sufficient cause for condonation of 30 days delay.

15 Jul 2022

The petitioner, Sri Shivananjegowda, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 11.10.20...

High Court

High Court of Bombay at Aurangabad Dismisses Writ Petition by BSNL Against Arbitral Award — Challenge to Award Under Section 34 of Arbitration and Conciliation Act, 1996 Not Maintainable as Petition Filed Beyond Limitation and Without Proper Grounds. The court held that the writ petition under Article 226 is not maintainable when an efficacious alternative remedy under Section 34 of the Arbitration and Conciliation Act, 1996 is available, and the petition was filed beyond the limitation period without any application for condonation of delay.

3 Dec 2013

The petitioner, the General Manager of Bharat Sanchar Nigam Ltd. (BSNL), filed a writ petition under Article 226 of the Constitution of India challeng...

High Court

High Court of Bombay at Goa Allows Condonation of Delay in Appeal Against Conviction Under Section 138 NI Act — Sickness as Sufficient Cause. The court held that a medical certificate and explanation of sickness due to fall from tree constituted sufficient cause for delay of about one year in filing appeal.

13 Nov 2013

The applicant, Babaji Tukaram Gawas, was convicted in Criminal Case No. 127/OA/138/2009/C for an offence punishable under Section 138 of the Negotiabl...

High Court

High Court of Bombay at Nagpur Allows Second Appeal Against Rejection of Condonation of Delay in First Appeal — Finding of First Appellate Court Held Perverse. The Court set aside the order rejecting condonation of delay and restored the first appeal for hearing on merits, emphasizing that the appellate Court must consider all relevant facts.

29 Oct 2013

The case arises from a second appeal against the judgment of the first appellate Court dated 26.7.2011 in Misc. Civil Application No.291 of 2011, whic...

High Court

Bombay High Court Dismisses BMC Appeal in Property Tax Rateable Value Dispute — Upholds Small Causes Court Order Setting Aside Enhancement for Non-Compliance with MMC Act Sections 162(2) and 167. Notice of Enhancement Not Properly Served and No Personal Hearing Given, Violating Principles of Natural Justice.

8 Oct 2013

The case involves an appeal by the Brihanmumbai Mahanagarpalika (BMC) against a judgment of the Court of Small Causes at Mumbai in Municipal Appeal No...

High Court

Bombay High Court Dismisses Application for Abatement and Condonation of Delay in Second Appeal — No Sufficient Cause Shown for 5-Year Delay in Filing Application After Dismissal of Appeal for Default.

8 Oct 2013

The case involves a civil application filed by Smt. Radhabai Vithal Waikar (the applicant) seeking to quash an order dated 1st March 2006 passed by th...

High Court

Bombay High Court Dismisses College's Petition Challenging Tribunal's Order Reinstating Teacher as Full-Time Lecturer with Back Wages. Conversion of Appointment from Full-Time to Part-Time Without Consent and Without Following Natural Justice Violates Maharashtra Universities Act, 1994.

13 Apr 2006

The case involves two writ petitions filed by the Principal of K.J. Somaiya College of Arts and Commerce challenging two orders of the University and ...

High Court

Bombay High Court Allows Condonation of 529-Day Delay in Appeal Against Ex-Parte Decree — Liberal Approach Required for Sufficient Cause. The court set aside the dismissal of delay condonation application and directed the First Appellate Court to hear the appeal on merits, holding that 'sufficient cause' under Section 5 of Limitation Act, 1963 should be liberally construed.

29 Mar 2006

The petitioners, original defendants in Regular Civil Suit No. 8 of 1997, were subjected to an ex-parte decree passed by the Civil Judge, Junior Divis...

High Court

Bombay High Court Dismisses Condonation of Delay Application by Municipal Corporation Due to Lack of Sufficient Cause. Delay of 235 Days in Filing Appeal Not Explained with Affidavit or Proper Grounds, Limitation Act, 1963 Section 5.

17 Jan 2006

The Municipal Corporation of Greater Mumbai filed an application for condonation of delay of 235 days in filing a first appeal against a decision of t...

High Court

Bombay High Court Allows Condonation of Delay in Land Acquisition Reference — Delay of 10 Days Condoned as Sufficient Cause Shown Under Section 5 of Limitation Act, 1963. Court Held That Liberal Approach Should Be Adopted to Avoid Depriving Claimants of Substantial Rights Under Section 18 of Land Acquisition Act, 1894.

30 Nov -0001

The Special Land Acquisition Officer and the Executive Engineer filed a Miscellaneous Civil Application before the Bombay High Court at Goa seeking co...

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