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1 - 10 of 14 (0.76 seconds)The Limitation Act, 1963
Salem Advocate Bar Association,Tamil ... vs Union Of India on 2 August, 2005
In Salem Advocate Bar Association, T.N. v.
Union of India, 2005 (6) SCC 344, this Court had an
VARINDER SINGH
2015.03.27 18:12
CR No. 3925 of 2013 (6) I attest to the accuracy and integrity
of this document
Punjab & Haryana High Court at
Chandigarh
occasion to examine whether the restriction placed by the
amendment of Section 148 on the power of the Court to
grant extension of time beyond 30 days was reasonable.
This Court held that a power that is inherent in the Court
to pass orders that it considers necessary for meeting the
ends of justice and preventing abuse of the process of the
Court cannot be taken away by putting an upper limit on
the period for which an extension can be granted.
Extension beyond the maximum period of 30 days was
accordingly held permissible in the following words:
The Code of Civil Procedure, 1908
Jogdhayan vs Babu Ram And Others on 23 November, 1982
19. Reference may also be made to the decisions of this
Court in Jogdhayan v. Babu Ram, 1983 (1) SCC 26,
Johri Singh v. Sukh Pal Singh, 1989 (4) SCC 403 and
Ganesh Prasad Sah Kesari v. Lakshmi Narayan Gupta,
1985 (3) SCC 53.
D.V.Paul vs Manisha Lalwani on 18 August, 2010
11. The judgments of this Court relied upon by learned counsel for
the respondents in Smt. Parmeshri and Salwant Singh' s cases (supra), are
not relevant in the light of authoritative enunciation of law by Hon'ble the
Supreme Court in D. V. Paul's case (supra). Even the plea raised by counsel
for the respondents that the respondents did not file appeal as the petitioner
had not deposited the Court fee in time, is merely to be noticed and rejected.
Deposit of court fee was not one of the condition precedent to be considered
by the respondents to exercise their right of appeal in case they were
aggrieved of the judgment and decree of the trial Court.
Ganesh Prasad Sah Kesari & Anr vs Lakshmi Narayan Gupta on 18 April, 1985
19. Reference may also be made to the decisions of this
Court in Jogdhayan v. Babu Ram, 1983 (1) SCC 26,
Johri Singh v. Sukh Pal Singh, 1989 (4) SCC 403 and
Ganesh Prasad Sah Kesari v. Lakshmi Narayan Gupta,
1985 (3) SCC 53.
The M.P. Accommodation Control Act, 1961
Johri Singh vs Sukh Pal Singh & Ors on 4 September, 1989
19. Reference may also be made to the decisions of this
Court in Jogdhayan v. Babu Ram, 1983 (1) SCC 26,
Johri Singh v. Sukh Pal Singh, 1989 (4) SCC 403 and
Ganesh Prasad Sah Kesari v. Lakshmi Narayan Gupta,
1985 (3) SCC 53.
Parmeshri vs Naurata on 10 May, 1984
4. On the other hand, learned counsel for the respondents, while
referring to the judgments of this Court in Smt. Parmeshri vs Naurata 1984
PLR 591 and Salwant Singh vs Harinderpal Singh and others 2014 (4) PLR
44, submitted that time granted by the Court cannot be extended especially
if the same is part of the decree. Even as per Section 148 CPC extension
cannot be granted beyond a period of 30 days. In the application for
extension of time filed by the petitioner no reason has been mentioned to
justify non-deposit of Court fee within the time granted by the Court. The
judgments referred to by learned counsel for the petitioner are not
applicable to the facts and circumstances of the case. As the petitioner did
not deposit the Court fee in time, the respondents also did not prefer any
appeal against the judgment and decree of the trial Court, a valuable right
has accrued in their favour which should not be disturbed.