Search Results for "section 5 Limitation Act"

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High Court

High Court of Karnataka Quashes Order Setting Aside Abatement in Regular Appeal — Failure to File Application Within Limitation and Lack of Sufficient Cause for Delay Leads to Restoration of Abatement Order. The court held that the application to set aside abatement must be filed within the prescribed period of limitation under Order XXII Rule 4 CPC and Section 5 of the Limitation Act, 1963, and that the discretion to condone delay must be exercised judiciously.

25 Sep 2025

The petitioner, Smt. M. Girija, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 28.01.2021 passed by ...

Supreme Court

Supreme Court Restores Second Appeals in Specific Performance Cases, Emphasizes Liberal Approach to Condonation of Delay and Setting Aside Abatement to Advance Substantial Justice. The Court set aside the High Court's dismissal of substitution and condonation applications, restoring the appeals for hearing on merits.

3 Mar 2025

The Supreme Court of India heard two civil appeals arising from second appeals pending before the Allahabad High Court since 1977. The underlying disp...

Supreme Court

Supreme Court Dismisses SLP Against High Court's Refusal to Condon 5659-Day Delay in Land Acquisition Appeal — Delay Not Explained with Sufficient Cause, Limitation Act Sections 3 and 5 Balanced.

16 Apr 2024

The case arises from the acquisition of land in Gandluru village, Guntur district, Andhra Pradesh, in 1989 for the Telugu Ganga Project. Dissatisfied ...

High Court

Bombay High Court Dismisses Revision Against Condonation of Delay in Restoration of Suit — Limitation Period for Filing Restoration Application Not Governed by Article 137 of Limitation Act, 1963. The court upheld the trial court's order condoning a 10-year delay in filing restoration application, holding that Article 137 does not apply to restoration applications and the court has inherent power under Section 151 CPC.

14 Dec 2022

The present Civil Revision Application was filed by the applicants (original defendants) challenging the judgment and order dated 04.05.2022 passed by...

High Court

Bombay High Court Quashes Delay Condonation Order in State Appeal Against Acquittal — Lack of Sufficient Cause for 15-Month Delay. The court held that the State's explanation for delay was insufficient and set aside the order condoning delay under Section 5 of the Limitation Act, 1963.

11 Mar 2020

The petitioners, original accused in R.C.C. No.554 of 2014, were acquitted by the Judicial Magistrate First Class, Beed on 03-07-2017 for offences und...

High Court

Bombay High Court Allows Condonation of 807-Day Delay in Restoration Application Due to Petitioner's Serious Ailments and Forgetfulness. The court held that the petitioner's medical condition constituted sufficient cause for the delay, and the trial court's order was set aside.

18 Dec 2017

The petitioner, Arun Krushnaji Pawar, filed a writ petition under Article 227 of the Constitution of India challenging the order of the Joint Civil Ju...

High Court

High Court of Karnataka Dismisses Writ Petitions Challenging Rejection of Condonation of Delay in Land Dispute Appeal. Delay of 1,000 Days in Filing Appeal Under Section 96 CPC Not Sufficiently Explained, No Interference Under Article 227.

1 Mar 2017

The petitioners, who were the defendants in O.S. No. 48/2006 on the file of the Civil Judge (Jr.Dn.) at Periyapatna, filed an appeal under Section 96 ...

High Court

Bombay High Court Allows Condonation of Delay in Cooperative Society Recovery Proceedings — Petitioner Granted Opportunity to Contest Recovery Certificate. Delay of 15 months condoned as sufficient cause shown under Section 5 of Limitation Act, 1963, read with Section 101 of Maharashtra Cooperative Societies Act, 1960.

21 Sep 2010

The petitioner, Dinkar Vishwanath Wani, had taken a loan of Rs. 1,50,000 from respondent no. 1, Shri Agrasen Urban Cooperative Credit Society Ltd., on...

High Court

Bombay High Court Allows Condonation of Delay in Filing Appeal Against Conviction Due to Sufficient Cause. The court held that a liberal approach should be taken in condoning delay to allow the appeal to be heard on merits, especially when the delay is short and explained.

25 Mar 2010

The applicant, Shiv Mandhukar Giri, was convicted in R.C.C. No.2156/2007 by the 5th Judicial Magistrate, First Class, Aurangabad, for an offence under...

High Court

Bombay High Court Allows Appeal Against Rejection of Appeal on Limitation Grounds in Electricity Act Case — Limitation Period for Appeal Under Section 127 of Electricity Act, 2003 is 30 Days but Appellate Authority Has Power to Condon Delay.

16 Feb 2010

The petitioner, Adani Power Maharashtra Limited, challenged an order dated 6.4.2009 passed by the Superintending Engineer, Nagpur Region, Electrical I...

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