Court : Punjab and Haryana
..... in state of nagaland vs ..... the appeal along with the application for condonation of delay of 7,390 days was filed by the applicants-appellants before this court on 27.8.2012 stating therein that they were advised by some of the landowners that they would get the same amount of compensation as will be disbursed to other landowners.due to this reason, they did not ..... briefly, the facts are that vide notification dated 7.9.1988, issued under section 4 of the land acquisition act, 1894 (for short, `the act').the state of haryana acquired 2131 kanals 14 marlas of land in village agroha, for construction of maharaja aggarsain institute of medical research ..... hon'ble the supreme court in mewa ram (deceased) by his lrs and others vs state of haryana, (1986) 4 scc 15.did not accept the prayer for condonation of delay in filing the appeal because in another case enhancement of compensation for the adjacent ..... on the other hand, learned counsel for the state submitted that there is no ground made out for condoning huge delay of 7,390 days ..... 7.2013 dharampal and others ....appellants vs state of haryana and another ....respondents coram: hon'ble mr.justice rajesh bindal present: mr.ram pal verma, advocate for mr.rajiv sharma, advocate ..... on reference under section 18 of the act, the learned court below vide award dated 5.3.1992, assessed the market value of the land at ` 50,000/- per acre for nehri; ` 25,000/- per acre for tal; ` 17,500/- per acre singh varinder ..... section 6 of the act was issued on .....
Tag this Judgment!Court : Punjab and Haryana
..... in state of nagaland vs ..... briefly the facts are that vide notification dated 6.5.1992 issued under section 4 of the land acquisition act, 1894 (for short, 'the act') the state of haryana sought to acquire land situated in the revenue estate of village sonepat patti musalmanan, hadbast no.174, tehsil and district sonepat, for development and utilisation thereof as residential and commercial ..... against the award of the learned court below filed appeals before this court which were disposed of vide judgment dated 20.9.2010, passed in rfa no.1692 of 2001- moti lal and another vs state of haryana and others.present appeal has been filed after a period of 1 year and 7 months. ..... hon'ble the supreme court in mewa ram (deceased) by his lrs and others vs state of haryana, (1986) 4 scc 15.did not accept the prayer for condonation of delay in filing the appeal because in another case enhancement of compensation for the adjacent ..... the application for condonation of delay of 4,179 days was filed by the applicants-appellants before this court on 25.4.2012 stating therein that their relative ram narain was watching their interest. ..... on the other hand, learned counsel for the state submitted that there is no ground made out for condoning huge delay of 4,179 days ..... 7.2013 rajinder singh and another ....appellants vs state of haryana and others ....respondents coram: hon'ble mr.justice rajesh bindal present: mr.ram avtar yadav, advocate ..... by notification dated 5.5.1993 issued under section 6 of the act. .....
Tag this Judgment!Court : National Consumer Disputes Redressal Commission NCDRC
..... apposite to observe that while deciding an application filed in such cases for condonation of delay, the court has to keep in mind that the special period of limitation has been prescribed under the consumer protection act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this court was to entertain highly belated petitions filed against the orders ..... 2011) cpj 63 (sc)has held that while deciding the application filed for condonation of delay, the court has to keep in mind that the special period of limitation has been prescribed under the act for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if the appeals and revisions which are highly belated are entertained. ..... courtalso observed in case state of nagaland vs. ..... being aggrieved by order dated 29.3.2012, passed by madhya pradesh state consumer disputes redressal commission, bhopal (for short, state commission) petitioner/complainant has filed this revision petition. 2. ..... being aggrieved, respondents filed appeal before the state commission which accepted the same and set aside the order of district forum, observing as under; on the basis of foregoing discussions we come to the conclusion that on 29.5.2007 when the respondent first time ..... under the consumer protection act, 1986, a special period of limitation has been provided to ensure expeditious .....
Tag this Judgment!Court : National Consumer Disputes Redressal Commission NCDRC
..... honble apex court has also observed in case titled state of nagaland v. ..... devi, ii (2012) cpj 314 (nc), this commission while dealing with section 24a of the consumer protection act, 1986, has held: the expression sufficient cause has not been defined in the act, rightly so, as it would vary from facts and circumstances of each case. ..... in the case in hand, in the application for condonation of delay, it is nowhere stated as to when the certified copy was received by the appellant, when the same was sent to the corporate office for approval and when approval ..... the present case belongs to the state of maharashtra and the appellant collected the certified copy of the impugned order passed by the honble state commission, maharashtra on 29.11.2011.? 10 ..... in absence of such evidence, it cannot be stated that the site of the accident, which is a marshy land is covered by high tide level and high tide sea water actually entered ..... therefore, the ground stated in the application cannot constitute sufficient cause so as to condone the delay in filing the appeal as prayed for in the application from the side of the ..... in entire application, it is nowhere stated as to when certified copy of the impugned order was obtained by the appellant, on which date it was sent to the corporate office for approval and on which date approval ..... of present appeal, appellant has challenged impugned order dated 27.9.2011, passed by state consumer disputes redressal commission, mumbai (for short as state commission). 2. .....
Tag this Judgment!Court : Punjab and Haryana
..... in state of nagaland vs ..... the present revision is the order dated 26.2.2010 (annexure-p-3), passed by the learned civil judge (junior division), khanna, whereby an application filed under section 5 read with section 14 of the limitation act for condonation of delay in filing the application under order ix rule 13 cpc for setting aside ex-parte judgment and decree dated 7.2.1996 was dismissed being timed barred. ..... even if it is presumed for the sake of arguments and if the provisions is under section 5 of the limitation act is most liberally interpreted and it is presumed that being the simpleton person it took about 22 days to the applicant to understand the whole scenario we may take 3.3.1997 as relevant time but even after that copy ..... sao, 2002 (2) rcr (civil) 337 (sc) the principle of law laid down, was that the term 'sufficient cause' in section 5 of limitation act, and rule 9 of order 22 cpc, must receive a liberal construction, so as to advance substantial justice. ..... district judge (a), fast track court, ludhiana, vide order dated 11.9.2004, set aside the said order and directed the trial court to first decide the application filed under section 5 of the limitation act and thereafter depending upon the decision of application under section 5 of limitation act, decide the application under order ix rule 13 cpc afresh. ..... the said application, an application under section 5 read with section 14 of the limitation act for condonation of delay was filed on 27.5.1997, which was dismissed. .....
Tag this Judgment!Court : Guwahati
..... (26) in the case of a member of a scheduled tribe as defined in clause (25) of article 366 of the constitution, residing in any area specified in part i or part ii of the table appended to paragraph 20 of the sixth schedule to the constitution or in the states of nagaland, manipur and tripura or in the union territories of arunachal pradesh and mizoram or in the areas covered by notification no. ..... before examining the validity of the second reason mentioned above, we may say that sub-clause (a) of clause (26) of section 10 of the act dealing with the source of income had been held violative of article 14 of the constitution by a full bench of this court in the aforesaid case of rymbai (civil rules nos. ..... even if it is conceded that the concept of accrual or arising is different from receiving, there is still another difficulty in the way of the petitioner in claiming exemption under section 10(26) of the act inasmuch as the income must accrue or arise from any source within the area in question. ..... tad/r/35/50/109 dated the 23rd february, 1951, issued by the governor of assam under the proviso to sub-paragraph (3) of the said paragraph 20 [as it stood immediately before the commencement of the north-eastern areas (reorganisation) act, 1971 (18 of 1971)], any income which accrues or arises to him,-- (a) from any source in the areas, states or union territories aforesaid, or,(b) by way of dividend or interest on securities.' 3. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... state of nagaland ..... as pointed out by the learned counsel for the appellant, the respondent has mentioned in its written submission dated 29.9.2010 stating that the appellant tamil nadu electricity board is at liberty to raise the grounds of waiver and unjust enrichment in the remand proceedings and as such the appellant does not require any ..... were not raised before the central commission relating to the waiver and unjust enrichment and section 65 of the contract act, 1872 cannot be allowed to be raised before this tribunal in these appeals, that too, in the application to ..... at different places would reveal that the appellant has stated in one place that planning department which was handling the case was not aware of the existence of the said documents and in another place, it has stated that the said documents were with the accounts department of the tneb and yet in another place it has stated that the appellant came to know about the existence ..... has held as follows: in this case, the delay is sought to be explained only by stating due exchange of correspondence between different departments of the state and advocates for the petitioner regarding swearing of the affidavit etc by the concerned officer. ..... on 19.10.2005 and 14.9.2006, the appellant had not chosen to file the appeals as against those orders within 45 days as prescribed in section 111 of the electricity act, 2003 but has now chosen to file these appeals as against those orders on 14.5.2010 i.e. ..... in air 1962 sc 361 .....
Tag this Judgment!Court : Guwahati
..... sc 2750 and state of nagaland v. ..... in the instant petition for condoning the delay that the appellant-petitioner having no other way met the counsel on 14.01.2012 for preferring appeal against the judgment and preliminary decree, who stated that it would take some time to prepare the memo of appeal and thereafter the appellant-petitioner got the case file returned and approached mr. d. r. ..... it is further observed in the said law report that it becomes plain that the expression "sufficient cause" within the meaning of section 5 of the act or order 22 rule 9 of the code or any other similar provision should receive a liberal construction so as to advance substantial justice when no negligence or inaction or want of bona fide is imputable ..... bhowmik, learned senior counsel stoutly contended that the petition as filed under section 5 of the limitation act cannot be maintained, inasmuch as there is no explanation for the delay for the period from 09.09.2011 ..... ramachandran (supra) was dealing with a situation where the explanation was offered by the state that at the relevant time, the advocate general's office was fed-up with many arbitration ..... has held that the words "sufficient cause" under section 5 of the limitation act should receive a liberal construction so as to advance substantial justice vide shakuntala devi jain ..... 24 of 2010, this petition under section 5 of the limitation act has been filed by the appellant-petitioner seeking condonation of the delay of 67 days for preferring the .....
Tag this Judgment!Court : National Consumer Disputes Redressal Commission NCDRC
..... is also apposite to observe that while deciding an application filed in such cases for condonation of delay, the court has to keep in mind that the special period of limitation has been prescribed under the consumer protection act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this court was to entertain highly belated petitions filed against the orders ..... iv (2011) cpj 63 (sc)has held that while deciding the application filed for condonation of delay, the court has to keep in mind that the special period of limitation has been prescribed under the act for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if the appeals and revisions which are highly belated are entertained. ..... apex courtalso observed in case state of nagaland vs. ..... by the order of district forum, respondent no.1 filed appeal before the state commission which allowed the same, vide impugned order. 6. ..... though petitioners in their application have stated that there is delay of 26 days but as per office report there is delay of 124 days ..... under the consumer protection act, 1986, a special period of limitation has been provided to ensure expeditious disposal ..... member petitioners/complainants have challenged impugned order dated 27.9.2010 passed by state consumer disputes redressal commission, chennai (for short, state commission). 2. .....
Tag this Judgment!Court : Haryana State Consumer Disputes Redressal Commission SCDRC Panchkula
..... that while deciding an application filed in such cases for condonation of delay, the court has to keep in mind that the special period of limitation has been prescribed under the consumer protection act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this court was to entertain highly belated petitions filed against the ..... held that while deciding the application filed for condonation of delay, the court has to keep in mind that the special period of limitation has been prescribed under the act for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if the appeals and revisions which are highly belated are entertained. ..... state of nagaland ..... agriculture industries, ii(2009) cpj 29 (sc)=ii(2009) slt 793=(i)(2009) 5 scc 121, honble supreme court while commenting upon section 24-a of the act held as under:- section 24-a of the act, is peremptory in nature and requires the consumer forum to see before it admits the complaint that it has been filed within two years from the ..... dated july 31st, 2013 passed by district consumer disputes redressal forum, (for short district forum), sonepat, whereby an application filed under section 24-a (2) of the consumer protection act, 1986 (for short the act), for condonation of delay in filing of the complaint, was dismissed without dealing with the complaint on merits. 2. .....
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