Search Results for "bona fide delay"

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Search Results for "bona fide delay"

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High Court

Bombay High Court Allows Petition Challenging Condonation of Delay in Appeal Against Ex-Parte Decree — Pendency of Application to Set Aside Ex-Parte Decree Not Sufficient Cause Under Section 5 of Limitation Act, 1963. The court held that proceedings to set aside an ex-parte decree do not constitute sufficient cause for condoning delay in filing an appeal against the decree.

20 Aug 2014

The petitioners, original plaintiffs in a partition suit, obtained an ex-parte decree in Regular Civil Suit No. 35 of 2007. The respondents (defendant...

High Court

Bombay High Court Condoned Delay of 2192 Days in Filing Central Excise Appeal Due to Bona Fide Prosecution in Wrong Forum — Section 14 of Limitation Act, 1963 Applied to Exclude Time Spent in Gujarat High Court. The appellant acted with due diligence in pursuing the appeal before the Gujarat High Court, which was dismissed for lack of territorial jurisdiction under Section 36(b) of the Central Excise Act, 1944.

22 Feb 2016

The Principal Commissioner of Central Excise & Customs, Daman Commissionerate, filed a Notice of Motion seeking condonation of a 2192-day delay in fil...

Supreme Court

Supreme Court Sets Aside Condonation of 1011 Days Delay in Filing Second Appeal — Gross Negligence and Lack of Sufficient Cause. Limitation Act Section 5 Requires Sufficient Cause for Entire Period of Delay; Unexplained Delay Cannot Be Condoned.

3 Dec 2021

The appellant, original plaintiff, filed a civil suit for permanent injunction which was dismissed by the Trial Court on 23.04.2016. The First Appella...

High Court

Bombay High Court Considers Chamber Summons to Set Aside Abatement of Arbitration Petition and Condonation of Delay. Application Filed Under Order 22 Rule 9 of Code of Civil Procedure, 1908 to Bring Legal Representatives of Deceased Parties on Record.

15 Feb 2013

The Chamber Summons was filed under Order 22 Rule 9 of the Code of Civil Procedure, 1908, seeking to set aside the abatement of Arbitration Petition N...

Tribunals

National Consumer Disputes Redressal Commission Dismisses Second Appeal Due to Unexplained Delay of 169 Days. Bureaucratic Delays Not Sufficient Cause for Condonation of Delay Under Section 24A of Consumer Protection Act, 2019.

18 Aug 2025

The National Consumer Disputes Redressal Commission (NCDRC) dismissed a second appeal filed by the Sub Post Master, Gandhinagar, against Meenaben Bhaw...

High Court

Bombay High Court Allows Writ Petition Against Industrial Court Rejection of Condonation of Delay in Unfair Labour Practice Complaint. Employee's Delay of Six Years Four Months Held Sufficiently Explained by Bona Fide Civil Court Proceedings Under MRTU and PULP Act, 1971.

18 Dec 2023

The petitioner, a former Branch Manager of a cooperative bank, was dismissed from service on 2 March 2012 on the ground of consuming alcohol while on ...

High Court

Bombay High Court Validates Pledge and Transfer of Shares by Company in Liquidation Under Section 536(2) of Companies Act, 1956 — Transaction Held to Be for Benefit of Company and Creditors. Post-petition pledge of shares as security for raw material supply and subsequent transfer validated as bona fide and in ordinary course of business.

22 Jul 2015

The judgment concerns an application filed by Garware Marine Industries Limited (the Applicant) seeking validation under Section 536(2) of the Compani...

High Court

Bombay High Court Considers Whether Tribunal's Delayed Judgment Vitiates Tenant's Eviction Appeal Under Goa Buildings (Lease, Rent & Eviction) Control Act, 1968. The High Court Examined the Effect of a Thirteen-Month Delay in Pronouncing Judgment and Four-Month Delay in Certified Copy on a Rent Eviction Appeal Under Section 45 of the Goa Buildings (Lease, Rent & Eviction) Control Act, 1968, Where the Landlord Sought Eviction on Bona Fide Grounds.

5 Apr 2023

The matter concerned a writ petition under Articles 226 and 227 of the Constitution of India filed in the High Court of Bombay at Goa. The petitioner ...

Supreme Court

Supreme Court Dismisses Union of India's Appeal Against Refusal to Condon 12-Year Delay in Restoration Application. Limitation Rules Apply Equally to Government; No Sufficient Cause Shown for Inordinate Delay.

22 Apr 2024

The dispute originated from a lease deed executed in 1951 for a bungalow in Pune Cantonment. The respondent (landlord) filed a civil suit in 1981 for ...

High Court

Bombay High Court Dismisses Winding Up Petition for Lack of Bona Fides and Substantial Defence. Company's claim of disputed debt and pending civil suit found to be a bona fide defence against winding up under Sections 433 and 434 of the Companies Act, 1956.

7 Feb 2014

The petitioner, M/s. Joshi Bullion Gems & Jewellery Pvt. Ltd., filed a winding up petition under Sections 433 and 434 of the Companies Act, 1956 again...

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