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Landmark Judgments and Articles on Law

Whether Appellate court can grant stay to Execution of Decree if application for Condonation of delay is not decided within sixty days?

IN THE HIGH COURT OF BOMBAY AT GOA Writ Petition No. 449 of 2018 Decided On: 24.08.2018 Luis Antonio Romualdo Jesus de Maria Jose De Abreu Vs. Linda D’Souza e Fernandes and Ors. Hon’ble Judges/Coram: Nutan D. Sardessai, J. Citation:(2019) 1 MHLJ 656 1. Heard…

Condonation of Delay – Delay of more than 10 years allowed

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) NOS.6609-6613 OF 2014 Brijesh Kumar & Ors. … Petitioners Versus State of Haryana & Ors. …Respondents O R D E R 1. These petitions have been filed challenging the judgment and order…

Principles while considering petition for Condonation of delay reiterated, lack of bona fides is ground for dismissal

THE HIGH COURT OF SIKKIM : GANGTOK (Civil Appellate Jurisdiction) DATED : 17th September, 2018 SINGLE BENCH : THE HON’BLE ACTING CHIEF JUSTICE MRS. JUSTICE MEENAKSHI MADAN RAI I.A. No.01 of 2018 in MAC App. No.08 of 2018 Appellant : The Branch Manager, Shriram General…

Order 18 Rule 17 CPC not intended for Parties to Recall witness for Re-examination; it enables Court to recall witness to clarify issues  

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment: 20th August, 2018 MAT.APP.(F.C.) 138/2017 RAJIV MEHTA ….. Appellant Through: Mr. C. Prakash and Mr. Manmohan Singh Narula, Advocates. versus SAVITA MEHTA ….. Respondent Through Nemo CORAM: HON’BLE MR. JUSTICE G.S.SISTANI HON’BLE MR….

When Court should decide application for Condonation of delay and application for Restoration of appeal together?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7574 OF 2016 Shaikh Mohammed Safique Vs Mohammed Sameem Mohammad Yusuf CORAM : R.G.KETKAR,J. DATE : 28/07/2016 1. Heard Mr.G.S.Godbole, learned senior counsel for the petitioners and Mr.R.A.Thorat, learned senior counsel…

Routine Explanation Not Enough For Condonation Of Delay

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 9488­ 9489 OF 2019 (Arising out of SLP (Civil) Nos.5581­ 5582 of 2019) University of Delhi .…Appellant(s) Versus Union of India & Ors. …. Respondent(s) J U D G M E N T…

SC: Party can not be denied right to file First appeal after Dismissal of Application for setting aside exparte decree

IN THE SUPREME COURT OF INDIA Civil Appeal No. 8898 of 2019 Decided On: 21.11.2019 N. Mohan Vs. R. Madhu Hon’ble Judges/Coram: R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ. 1. Leave granted. 2. This appeal arises out of the impugned order dated 24.04.2018 passed…

Wife’s application for setting aside ex-parte divorce decree rejected in absence of application for condonation of more than 4 years’ delay

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment: 20th February, 2019 MAT.APP.(F.C.) 201/2018 R R D ….. Appellant Through: Mr.Mitthan Lal, Advocate versus R S ….. Respondent Through: Ms.Prerna, Advocate CORAM: HON’BLE MR. JUSTICE G.S.SISTANI HON’BLE MS. JUSTICE JYOTI SINGH G.S.SISTANI,…

How to ascertain limitation for filing revision before appellate bench of small cause court?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 4977 OF 2009 Vasant Govind Tilak, by his Constituted Attorney Shrinivas Vaman Joshi, Sayed Building No.2, Ram Nagar,Dombivali, Dist. Thane. .. Petitioner Versus 1. Smt. Anusuya Dattaram Ghatge, (since deceased)…

Prosecution has to prove its allegations Beyond reasonable doubt…

IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.L.P.No. 8/2016 Judgment dated : 2nd June, 2016 STATE OF NCT OF DELHI ………. Petitioner Through : Ms. Aashaa Tiwari, APP with SI Pawan Kumar, P.S Harsh Vihar versus SUDHIR KUMAR @ BUNTI ……….Respondent Through : Ms….

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