Arbitration and Conciliation Act, 1996, Section 34(3) -- Arbitration award - Setting aside - Limitation - S.5 of limitation Act does not apply to the application u/s 34 of the Act - However, for computing the period of limitation u/s 34(3) of the Act, the relevant date is the date of acquiring knowledge of the award...........
Land Acquisition Act, 1894, Section 28A -- Compensation - Determination u/s 28-A of the Act - Limitation - Commences from the date of award and not from the date of knowledge of Court's award in other reference...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application filed within 30 days of receipt of certified copy - Knowledge of ex parte decree 11th Sep. - Applied for copy on 12th Sep. - Date fixed for supply of copy 13th Sep. - Copy not ready on that date - Copy ready on 18th Sep. - No notice that copy is ready given - Copy received on 25th..........
Criminal Procedure Code, 1973, Section 372 - - Acquittal - Appeal by victim - Victim of crime can appeal against acquittal - Period of limitation to file appeal is 60 days from date of knowledge of acquittal by victim - Appeal filed thereafter is governed by principles of S.5 of Limitation Act, 1963...........
Transfer of Property Act, 1882, Section 59 -- Suit for redemption of mortgage and suit for possession - In some respects both the suits are similar - However, there are vital differences also - In a suit for redemption, on proof of valid mortgage, redemption could be granted, whereas in title suit, plaintiff is required to establish his title to the suit property - Period..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay - Non appearance of Advocate, his failure to communicate that defendant is proceeded against ex parte and defendant's lack of knowledge of ex parte judgment - Can be treated as sufficient cause for condoning the delay and setting aside the ex parte..........
Limitation Act, 1963, Article 59 -- Cancellation of gift deed - Suit not filed within three years of execution of gift deed nor within three years from date of knowledge - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 3, Article 123 - - Ex parte decree - Setting aside of - Limitation - Held, period of limitation for filing application U.O.9.R.13 CPC is to be reckoned from the date of knowledge of passing of ex-parte decree - Court has no jurisdiction to entertain such application after expiry of period of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Husband remarried after expiry of limitation period to file appeal - Application to set aside ex parte decree is maintainable even when husband remarries after expiry of period of limitation to file appeal - In the instant case wife had no..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5, Article 123 -- Ex parte decree - Setting aside - Application filed within 30 days of knowledge of decree - Held, application cannot be dismissed on technical ground that no separate application u/s 5 of Limitation Act is filed...........
