Search Results for "Section 5 Limitation Act"

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Bombay High Court Allows Conversion of Writ Petition into Second Appeal in Order VII Rule 11 CPC Rejection Case. Dismissal of Delay Condonation Petition in First Appeal Must Be Challenged by Second Appeal Under Section 100 CPC, Not Revision Under Article 227.

The petitioner, as plaintiff, filed a suit for declaration and injunction. The trial court rejected the plaint under Order VII Rule 11(a) and (d) CPC....

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Rejection of Delay Condonation for Filing Appeal Against Ex Parte Decree. Delay of Over 2 Years in Filing Regular Civil Appeal Not Sufficiently Explained, No Sufficient Cause Shown Under Section 5 of Limitation Act, 1963.

The respondent (original plaintiff) filed Regular Civil Suit No. 140/1997 for specific performance of contract against the appellant (original defenda...

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Bombay High Court Allows Tenants' Petition to Set Aside Ex Parte Decree in Eviction Suit — Failure of Counsel to Appear Not to Prejudice Litigant's Rights Under Order 9 Rule 13 CPC. Tenants' Diligence and Sufficient Cause Established Despite Counsel's Negligence.

The petitioners, Umar Abdul Majid Khan (original tenant) and Abdul Malik Shaikh (alleged sub-tenant), filed a writ petition challenging the orders of ...

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Bombay High Court Dismisses Petition Challenging Rejection of Condonation of Delay in Criminal Revision Application. Petitioner Failed to Show Sufficient Cause for 18-Month Delay in Filing Revision Against Issuance of Process Under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, Sunil Bhai Sheth, was the original accused No. 2 in a criminal complaint filed by M/s. Agricore Commodities Pvt. Ltd. under Section 13...

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Bombay High Court Allows Condonation of 11-Day Delay in Filing Appeal — Liberal Approach in Absence of Negligence or Malafides. The court held that a delay of 11 days in filing an appeal should be condoned as the explanation was sufficient and there was no negligence or malafides.

The petitioner, Smt. Conceicao Maria Pereira Fernandes, filed a writ petition in the High Court of Bombay at Goa challenging an order dated 2nd July 2...

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Bombay High Court Allows Municipal Council's Application for Condonation of Delay in Filing Second Appeal Against Eviction Decree. Delay of 3 Years and 7 Months Condoned as Sufficient Cause Shown for Non-Filing Due to Administrative Lapses and Change of Officers.

The Nandurbar Municipal Council, through its Chief Officer, filed two civil applications (CA/14019/2010 and CA/14020/2010) in the Bombay High Court at...