AI Overview...
- Miscellaneous Application No. 120 of 1963 - Main Points and Insights:
- The case involved considerations of delay in filing applications under civil law, particularly under Order IX Rule 13 of the Civil Procedure Code and the Limitation Act, 1963 JINTAL CLINICAL THERMOMETRE PRIVATE LIMITED VS UNION OF INDIA - Gujarat, Sushila Bala Roy VS Madhuri Chowdhury - Calcutta.
- Justice Tarkunde of the Bombay High Court dealt with similar issues regarding delay and condonation of time for filing applications, emphasizing the importance of reasonable cause and procedural fairness JINTAL CLINICAL THERMOMETRE PRIVATE LIMITED VS UNION OF INDIA - Gujarat.
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The application was dismissed initially but was later revived upon consideration of the delay and circumstances, highlighting judicial discretion in condoning delays Sushila Bala Roy VS Madhuri Chowdhury - Calcutta.
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Delay and Limitation in Filing Applications:
- Several references discuss the importance of timely filing of applications to set aside ex-parte decrees or for substitution of legal representatives. The courts have shown willingness to condone delays if sufficient cause is demonstrated, as seen in cases like Misc. Petn. No. 170 of 1960 and others Munilakshmamma deceased by LR VS Vijendra Rao deceased by L. Rs. - Karnataka, TILAK CHANDRA BHUYAN S/O LATE GOLOK CHANDRA BHUYAN VS KHYEMU KUMARI DEVI W/O TAPAN DAS - Gauhati.
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The Limitation Act, 1963, particularly Sections 5 (condonation of delay) and 14 (extension of limitation period), plays a crucial role in determining the admissibility of late applications TILAK CHANDRA BHUYAN S/O LATE GOLOK CHANDRA BHUYAN VS KHYEMU KUMARI DEVI W/O TAPAN DAS - Gauhati, LEGAL HEIRS and REPRESENTATIVE OF DECD. VS STATE BANK OF INDIA - Gujarat.
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Specific Case Details:
- In Miscellaneous Application No. 120 of 1963, the court examined whether delay in filing was justified and whether it should be condoned, considering the circumstances of the case and procedural rules JINTAL CLINICAL THERMOMETRE PRIVATE LIMITED VS UNION OF INDIA - Gujarat, Sushila Bala Roy VS Madhuri Chowdhury - Calcutta.
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The case also involved issues related to the rights of minors, substitution of legal heirs, and procedural compliance in civil and arbitration proceedings JASUBEN WD/o RAMESHBHAI M. PATEL VS DAHYABHAI @ BHANABHAI DURLABHBHAI (CHHANABHAI) - Gujarat, Prerna Construction through its Proprietor Chandra Kishore Choudhary VS Power Grid Corporation of India Limited, New Delhi - Jharkhand.
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References to Judicial Discretion and Procedure:
- Courts have exercised discretion to condone delays based on sufficient cause, as demonstrated in various cases where delays ranged from a few months to several years LEGAL HEIRS and REPRESENTATIVE OF DECD. VS STATE BANK OF INDIA - Gujarat, TILAK CHANDRA BHUYAN S/O LATE GOLOK CHANDRA BHUYAN VS KHYEMU KUMARI DEVI W/O TAPAN DAS - Gauhati.
- The importance of proper procedural application and adherence to limitation periods is underscored, but flexibility is shown where justice warrants it A.S.V.Krishnam Raju vs Deputy Director of Enforcement - Andhra Pradesh, A. Viswanatha Raju (dead) vs Deputy Director Of Enforcement - Andhra Pradesh.
Analysis and Conclusion: Miscellaneous Application No. 120 of 1963 exemplifies the judicial approach to delays in civil applications, emphasizing the balance between procedural strictness and equitable considerations. Courts tend to condone delays when justified by sufficient cause, especially under Sections 5 and 14 of the Limitation Act, 1963. The case reflects the broader legal principle that procedural delays should not bar justice if genuine reasons are provided, highlighting the importance of judicial discretion in civil litigation JINTAL CLINICAL THERMOMETRE PRIVATE LIMITED VS UNION OF INDIA - Gujarat, Sushila Bala Roy VS Madhuri Chowdhury - Calcutta, TILAK CHANDRA BHUYAN S/O LATE GOLOK CHANDRA BHUYAN VS KHYEMU KUMARI DEVI W/O TAPAN DAS - Gauhati.
References: - JINTAL CLINICAL THERMOMETRE PRIVATE LIMITED VS UNION OF INDIA - Gujarat - TILAK CHANDRA BHUYAN S/O LATE GOLOK CHANDRA BHUYAN VS KHYEMU KUMARI DEVI W/O TAPAN DAS - Gauhati - JASUBEN WD/o RAMESHBHAI M. PATEL VS DAHYABHAI @ BHANABHAI DURLABHBHAI (CHHANABHAI) - Gujarat - Munilakshmamma deceased by LR VS Vijendra Rao deceased by L. Rs. - Karnataka - A.S.V.Krishnam Raju vs Deputy Director of Enforcement - Andhra Pradesh - A. Viswanatha Raju (dead) vs Deputy Director Of Enforcement - Andhra Pradesh - Sushila Bala Roy VS Madhuri Chowdhury - Calcutta - Prerna Construction through its Proprietor Chandra Kishore Choudhary VS Power Grid Corporation of India Limited, New Delhi - Jharkhand - LEGAL HEIRS and REPRESENTATIVE OF DECD. VS STATE BANK OF INDIA - Gujarat
Search Results for "Misc Application no 120 of 1963"
1973 0 Supreme(Guj) 38 • India - Gujarat
J.B.MEHTA, D.P.DESAI, S.H.SHETH
The Regional Provident Fund Commissioner Gujarat State Ahmedabad and others Special Civil Application No. 255 of 1962 decided by ... Justice Tarkunde of the Bombay High Court in Misc. Application No. 120 of 1963 decided by him on 18th September 1964. A similar situation arose before him. ... But about the middle of 18th century the term was given a wider application. ... Secondly if the application of the Act is deferred on account of the pendency of a dispute it will....
2023 0 Supreme(Gau) 1489 • India - Gauhati
DEVASHIS BARUAH
The delay in filing the application to set aside the ex-parte decree was only 120 days from the date of knowledge of the decree, ... Issues: Whether the delay in filing the application under Order IX Rule 13 should be condoned based on the ... Final Decision: The court allowed the revision petition, condoned the delay in filing the application under ... (J) Case No. 18/2020 dismissing the application under Section 5 of the Limitation Act, 1963 for condoning the delay of 120....
2000 0 Supreme(Guj) 294 • India - Gujarat
D.P.BUCH
6, 7 and Arts. 120 & 121 - Delay in filing application - Interest of minors in question - Appellate Court dismissed the appeal - ... The present petitioners shall be substituted for the deceased Rameshbhai Morarbhai Patel in the application being Civil Misc. ... Applications No. 69 of 1994 - Joint District Judge to proceed thereafter in accordance with law - Delay in filing application for ... In the said appeal, there was a delay and therefore he preferred Civil Misc....
2002 0 Supreme(Kar) 675 • India - Karnataka
R.GURURAJAN
... 11. 26.6.1963 - Misc. Petn. No. 170 of 1960 under Order 21, Rule 97 Code of Civil procedure allowed-obstructions removed. ... 12. 2.4.1965: O.S. 414 of 1963 dismissed. ... 13. 10.8.1966: R.A. 120 of 1966 dismissed. ... The learned Judge in para 12 notices the eviction Order passed in HRC Misc. No. 71 of 1959 dated 15.6.1960. It was put in execution case No. 312 of 1960. The landlord filed an application in Misc. No. 170 of 1960 for the removal of obstruction under....
2025 0 Supreme(AP) 146 • India - IN THE HIGH COURT OF ANDHRA PRADESH
NINALA JAYASURYA, SUMATHI JAGADAM
(A) Prevention of Money Laundering Act, 2002 - Sections 26, 35, and 72 - Appeal against dismissal of legal representative application ... - The Appellate Tribunal dismissed the application for substitution of the deceased appellant and the appeal as abated, citing limitation ... Limitation Act - The court found that Section 72 allows continuation of proceedings without a specified limitation period, and the application ... In elaboration, he submits that the Appellate Tribunal rejected the LR application on the ground th....
2025 0 Supreme(AP) 169 • India - IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NINALA JAYASURYA, SUMATHI JAGADAM
(A) Prevention of Money Laundering Act, 2002 - Sections 26, 35, and 72 - Appeal against dismissal of legal representative application ... - The Appellate Tribunal dismissed the application to bring the legal representative of the deceased appellant on record, citing ... (Paras 31, 36) ... ... Issues: The main issues were whether the dismissal of the LR application ... In elaboration, he submits that the Appellate Tribunal rejected the LR application on the ground that the same was filed beyond the normal period of limi....
1985 0 Supreme(Cal) 374 • India - Calcutta
G.N.Ray
This application was dismissed in June 1976. ... The court allowed the application on January 7, 1981, and the petitioner's subsequent application for rectification of the order ... The court held that the application for substitution of the heirs of Sm. ... Kumudini Debya made an application under Order 9 Rule 13 of the Code of Civil procedure on October 29, 1973 for setting aside the said ex parte decree and on the said application, Misc. Case No. 120#HL_E....
2020 0 Supreme(Jhk) 526 • India - Jharkhand
ANIL KUMAR CHOUDHARY
would be applicable to application submitted under Section 34 of Act of 1996 for setting aside arbitral award. ... Arbitration and Conciliation Act, 1996 – Section 34 – Limitation Act, 1963 – Section 14 – Challenge to arbitral ... period of three months to be reckoned from date when arbitral award is received by concerned party – Section 14 of Limitation Act, 1963 ... It is then submitted that the said order dated 28.02.2013 in Misc. Arbitration Case No. 18 of 2013 was passed by the Civil Judge (Sr. Division), Ranchi by ....
2017 0 Supreme(Gau) 175 • India - Gauhati
KALYAN RAI SURANA
the present petitioners challenged said order dated - Accordingly, present petitioners along with one had filed a substitution application ... - Article 120 and 121 - Section 5 - Evidence-on- affidavit - Predecessor-in-interest - Challenged - PW-1 was examined and evidence ... Constitution of India,1950 - Article 227 - Code of Civil Procedure ,1908 - Section 151 -Order XXII and XV-A - Rule 10-A - Limitation Act, 1963 ... without an application under section 5 of the Limitation Act, 1963, (iv) the learne....
2004 0 Supreme(Guj) 793 • India - Gujarat
BHAWANI SINGH, H.K.RATHOD
a guide and to adopt such reasonable procedure while considering such an applicants are having sufficient cause for not filing application ... referred to have which is having identical facts wherein the apex court has condoned the delay of 3, 5 and 7 years in filing such application ... death of appellant as they were not aware of pending proceedings before this Court and were not informed by the deceased – Civil Application ... Art. 120 of the Limitation Act, 1963, lays down that an applicat....
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