Showing : 91-100 of 644 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Electricity Act, 2003, Section 86(1)(f)-- State Commission - Claims coming for adjudication before Commission cannot be entertained or allowed if it is found legally not recoverable in a regular suit or any other regular proceeding such as arbitration, on account of law of limitation - But in appropriate case, a specified period may be..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Limitation Act, 1963, Section 5-- Delay - Condonation - Delay of 1373 days in filing appeal - Delay by Government officials or public servants - When delay is to defeat justice then in view of larger public interest, Court should take a lenient view in such situations and should condone the delay, howsoever huge may be the delay..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 3, Limitation Act, 1963, Article 120-- Death of plaintiff - Substitution of L.R's - Limitation - Where plaintiff dies and right to sue survives, Court on an application made in that behalf shall cause L.R's of deceased plaintiff to be made party and shall proceed with the suit - However, period of limitation for moving such..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 9-- Death of plaintiff - Substitution of L.R's - Condonation of delay - Application filed by daughter/respondent after 11 years of death of her father/plaintiff - However, period of limitation for moving such application is 90 days u/art 120 of Limitation Act - More so, respondent had full knowledge..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Limitation Act, 1963, Article 112-- Recovery of dues by Central or State Govt. - Limitation period of 30 years - Not available to Agencies or Instrumentalities of Central or State Govt...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Limitation Act, 1963, Article 91(a)-- Misappropriation of bonds - Recovery suit - Limitation for filing the suit for compensation is three years from the date on which the person having right to possession of property learns in whose possession it is - Instantly, suit filed within three years from the date of knowledge with regard to..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Limitation Act, 1963, Article 91(a)-- Provision of Art.91(a) of Act demands two things: (i) Knowledge on the part of plaintiff; (ii) that the said fact was in his peculiar knowledge...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Limitation Act, 1963, Article 91(a)-- Term `first learns' places a burden of knowledge which is rather specific in nature - Knowledge of a specific person against whom suit can be instituted is crucial - Mere suspicion or a whisper of knowledge is not enough for the period of limitation to start running...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Limitation Act, 1963, Article 91(a)-- Misappropriation of bonds - Recovery suit - Applicability of S.91(a) of Act - Bonds are specific movable property, which is capable of being possessed - Art.91(a) of Act would apply to it for the purposes of limitation...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(2), Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 20(3), Limitation Act, 1963, Section 29(2)-- Appeal - Condonation of delay - S.29(2) of Limitation Act has no absolute application to SARFAESI Act as it impliedly excludes applicability of provisions of Limitation Act to the extent a different scheme is adopted...........

Showing : 91-100 of 644 Results