AI Overview...
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Section 148 CPC - Power to Extend Time
The civil court has the authority to extend the period for depositing the requisite amount under Section 148 CPC, even if the application for extension is filed after the initial period has expired. This power is derived from the combined reading of Sections 148 and 151 CPC, allowing courts flexibility in managing deposit timelines BALIHAR SINGH vs DILRAJ SINGH AND ORS - Punjab and Haryana, Ram Lal Gupta VS Civil Judge, Banda - Allahabad, Tsewang Narboo VS Tsering Angchok - Jammu and Kashmir, RAJESWARI vs SUNDARAMBAL - Madras. -
Legal Interpretation and Judicial Approach
Courts have emphasized that the extension can be granted to ensure substantive justice, provided the applicant shows sufficient cause. The courts interpret Sections 148 and 151 CPC as conferring a broad discretionary power to extend time, which should be exercised judiciously and in accordance with settled principles Ram Lal Gupta VS Civil Judge, Banda - Allahabad, Tsewang Narboo VS Tsering Angchok - Jammu and Kashmir. -
Procedure and Court's Discretion
When an application for extension is filed, courts are expected to decide on its merits, considering reasons provided by the applicant. The power to extend is not limited by strict timelines, and the courts may exercise this power even after the expiry of the initial deadline, promoting fairness in proceedings RAJESWARI vs SUNDARAMBAL - Madras, Tsewang Narboo VS Tsering Angchok - Jammu and Kashmir. -
Related Provisions and Applications
The courts also handle applications under Sections 149 and 151 CPC, which may involve issues like deficiency in court-fee or other procedural matters, but the core principle remains that courts have the discretion to extend time for deposit or compliance under Section 148 CPC Resources International, (Registered Partnership Firm) VS Ana Bertha do Rego E Fernandes - Current Civil Cases. -
Summary and Conclusion
To decide on a petition under Section 148 CPC, courts should assess the reasons for delay, exercise their discretionary power diligently, and ensure that justice is served. The court's authority to extend time is broad and flexible, enabling it to prevent unjust dismissals due to procedural delays, provided the applicant demonstrates sufficient cause BALIHAR SINGH vs DILRAJ SINGH AND ORS - Punjab and Haryana, Ram Lal Gupta VS Civil Judge, Banda - Allahabad, Tsewang Narboo VS Tsering Angchok - Jammu and Kashmir, RAJESWARI vs SUNDARAMBAL - Madras.
References:
- IND_HC_PHHC010707562019
- 01900007440
- 02500017243
- 04200001274
- INDMAD00000542291
Search Results for "How to Decide Petition Section 148 Cpc"
• India - High Court of Punjab and Haryana
Ratio Decidendi: The civil court has an enabling power to extend the period in accordance with Section 148 CPC read with Section ... Final Decision: The revision petition was allowed, and the matter was remanded back to the trial court to decide the application ... Issues: Whether the civil court has the power to extend the period for deposit of the amount under Section#HL_E....
2005 0 Supreme(J&K) 243 • India - Jammu and Kashmir
MANSOOR AHMAD MIR
Final Decision: The revision petition was dismissed, and the trial court was directed to decide the application for ad-interim ... Extension of Time - Civil Suit - Order 8 Rule 10, Section 148 of CPC - The court discussed the powers of the trial court to extend ... The court interpreted Order 8 Rule 10 and Section 148 of CPC, emphasizing that the tria....
2006 0 Supreme(All) 2821 • India - Allahabad
S.U.KHAN
Extension of Time - Court's Interpretation of Section 148, C.P.C. - The court held that the power to extend time to deposit requisite ... amount can be exercised under Section 148, C.P.C. even if the application is filed after the expiry of the initially fixed period ... Issues: The issues revolved around the interpretation of Section 148, C....
• India - Current Civil Cases
R.M.SAVANT
149/151 of CPC commend acceptance—Court, whilst adjudicating upon applications filed by petitioners under Section 149/151 of CPC ... deficiency in court-fee—Power conferred on Court under Section 149 of CPC has to be exercised in accordance with settled principles ... of petitioners would aid Court in arriving at a conclusion whether reasons mentioned by petitioners in their applications under S....
2024 Supreme(Online)(MAD) 17134 • India - High Court of Madras
Honourable Mr Justice A.D.JAGADISH CHANDIRA
decide on its merits. ... Limitation - Civil Revision - Limitation Act (Sections 5) & CPC (Sections 148, 149, 151) - The court held that it can extend the ... Final Decision: The Civil Revision Petition is allowed, and the appellate court is directed to number the application and ... Union of India, 2005 (6) SCC 344, Sections 148 and 151, C.....
2022 0 Supreme(AP) 52 • India - Andhra Pradesh
C.PRAVEEN KUMAR, RAVI NATH TILHARI
Civil Procedure code,1908 - Section 148 r/w Section 151 - Commercial Courts, Commercial Division and Commercial ... under Section 148 r/w Section 151 of Civil Procedure Code, 1908 before the Principal District Court, seeking extension of time for ... Result: Petition is allowed. ... Later on, on 07.12.2018 the petitioner filed a #HL....
2025 Supreme(Online)(Tel) 18355 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P. SAM KOSHY, J
Section 148 of a href="./.. ... Thereafter, the Trial Court shall proceed and decide the suit as expeditiously as possible. ... Bopanna, learned counsel for the petitioner in Civil Revision Petition No.3243 of 2025; and Mr.
2002 6 Supreme 109 • India - Supreme Court
BRIJESH KUMAR, R.C.LAHOTI
in High Court as premature (see para 4)-Appellant filed suit for declaration dismissed-Appellant filed caveat under Section 148 ... We feel that the petition dated 13.3.95 is actually an application under Order 21 Rule 115, 148 and 151-Decree for ... In Execution case No. 12 of 1984, the appellant filed a caveat under Section 148 of the Civil Procedure Code praying that....
2014 0 Supreme(Ker) 716 • India - Kerala
THOTTATHIL B.RADHAKRISHNAN, A.MUHAMED MUSTAQUE
challenge, impleadment of some of the persons in a seniority list which is sought to be impugned and publication of notice of that Writ Petition ... The two original petitions having been consolidated for consideration, it would be inappropriate for us to segregate and decide issue ... Addition of parties. - All persons directly affected shall be made parties to the petition. ... Rule 148 of the Rules rea....
2002 0 Supreme(Guj) 82 • India - Gujarat
B.C.PATEL, SHARAD D.DAVE
interim order passed by the Court earlier, the Corporation could not proceed further to provide vegetable market for all the years - Petition ... Land Acquisition Act, 1894 - Sections 4 and 6 - Gujarat Agricultural Produce Markets Act, 1963 - Challenged ... It is further contended in paragraph - 4. 7 of the petition that the development plan, which was prepared by SUDA under Section 17 ... Desai, learned Counsel submitted ....
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