Court : Jammu and Kashmir
Reported in : 1996ACJ222,AIR1995J& K81
ORDERM.L. Kaul, J. 1. The appellant/ applicant, Oriental Insurance Company, is seeking the condonation of delay by filing this CMP under Section 5 of the Limitation Act in filing the Appeal under Section 173 of the Motor Vehicles Act, 1988, with regard to the judgment and award passed by the Motor Accidents Claims Tribunal at Ramban, on 23-12-1992. 2. The judgment and award was passed by the Tribunal in presence of the counsel for the parties on the aforesaid date and the counsel for the appellant/ insurance company filed an application for the issue of certified copy of the judgment on 16-1-1993. The said copy was prepared on 20-1-1993 and delivered on 22-1-1993. In the application it has been urged that the copy of judgment was sent by post to the Insurance Company, which was received by it at Jammu on 29-1-1993. As the case was not within the financial competence of the applicant/appellant, therefore, after obtaining legal opinion at Jammu, the case was sent to the Regional Office a...
Tag this Judgment!Court : Jammu and Kashmir
ORDERG.A. Kuchhai, J.1. This revision petition by the petitioner-defendant in a pending suit before Sub-Judge, Special Mobile Municipal Magistrate, Srinagar is against the judgment dated 18-2-1993 passed by District Judge, Srinagar. in an appeal, whereby he has dismissed the application for condonation of delay under Sections 5/14 of Limitation Act, consequently holding the appeal filed by him barred by time.2. While considering the admission of this revision petition, some facts need to be narrated which lead to filing the revision petition and also to facilitate the disposal of the same.3. The petitioner happened to be the Collector in Srinagar Development Authority and the respondent occupant of a structure in the shape of a shop situated at Baranpather, Batamallo, Srinagar. The structure referred to above appears to have been declared an unauthorised construction and, therefore, demolished by the defendants in the aforesaid suit. Some goods in the shape of hosiery and cosmetics, ar...
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