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1 - 6 of 6 (0.25 seconds)The Code of Civil Procedure, 1908
The Limitation Act, 1963
Union Of India vs Pramod Gupta (D) By Lrs. & Ors on 7 September, 2005
"One of the main contentions that has been raised by the Learned Counsel for the
Petitioner as was noted in the previous order also, is regarding the highly belated
manner of filing of the amendment application when the case had reached the stage of
final hearing. For this, Learned Counsel has cited the decision in the case of Union of
India vs. Pramod Gupta (Dead) by LRs and Others (2005) 12 SCC1 (Para 134-136).
He has emphasized para-135 on delay and has urged with the help of a chart handed
over today during the course of the hearing to indicate that the delay is spread over to
2369 days and even after the change of the counsel, to 1529 days. This is almost
similar in relation to all the Petitions.
Vijay Hathising Shah vs Gitaben Parshottamdas Mukhi . on 25 February, 2019
The contention therefore, is that such inordinate delay without any explanation or
reason should not have been entertained by the State Commission and it is pointed out
that even while recording findings, the State Commission, even though has accepted
the amendment, as not causing any prejudice to the Petitioners, yet, it has not recited
any opinion on the issue of the attempt of amendment being made at the fag end of the
proceedings when the Complaint had been finally proceeded for hearing. The
submission is that the Apex Court judgment referred to above coupled with the case of
Vijay Hathising Shah & Anr. vs. Gitaben Parshottamdas Mukhi & Ors. (2019) 5
SCC 360 (Para-9), urges that the delay should not be condoned.
Even though it has been argued that there is a failure to carry out the amendments, yet
there are other facts also which are pointed out by the Learned Counsel for the
Respondents.
Dinesh Goyal @ Pappu vs Suman Agarwal (Bindal) on 18 July, 2023
11. On the other hand learned counsel for the respondents/ complainants has cited the judgment
of the Apex Court in the case of Dinesh Goyal v. Suman Agarwal (Bindal), 2024 SCC OnLine
SC 2615.
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