Limitation Act, 1963, Article 123 - - Limitation - Ex-parte decree - Setting aside - For the purpose of Art.123 Explanation of Act, substituted service U.O.5.R.20 CPC shall not be deemed to be a due service...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Appeal - Divorce petition - Once it is shown that applicant has no knowledge of the proceedings and not served with summons in filing application within one month from date of knowledge as per Art.123 of Limitation Act as substituted service is no proper service, rejection of her application..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468 -- Application u/s 12 of Act of 2005 - Limitation - S.468 Cr.P.C. has no application to S.12 of Act of 2005 as it is not a complaint and does not provide punishment...........
Limitation Act, 1963, Section 14 -- Extension of time - Medical negligence - Earlier remedy sought in Consumer Forum - Consumer Forum did not lack jurisdiction - S.14 of the Act is applicable only when remedy is sought in a wrong forum - As remedy sought earlier was not in a wrong forum as such S.14 of the Act is not applicable - Application for extension of time..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Bar of limitation - Suit for cancellation of registered sale deed - Suit filed after prescribed period of limitation of three years - Plaint rejected...........
Partnership Act, 1932, Section 48, Limitation Act, 1963, Section 5 -- Dissolution of partnership firm - Settlement of accounts - Limitation - Partnership dissolved in 1956 - Defendants failed to claim any right for settlement of account and share in partnership within the period of 3 years from the date of dissolution - Right to sue for accounts and share in partnership..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - With liberty to file a fresh suit on same cause of action - Non-compliance of mandatory provision of S.80 CPC by plaintiff - Omission to issue notice u/s 80 CPC is a serious infirmity and not a formal defect as it is pre-requisite for filing suit against Government or a Public officer - Plaintiff..........
Negotiable Instruments Act, 1881, Section 138, 142(b), Limitation Act, 1963, Section 5 -- Dishonour of cheque - Condonation of delay - Can be sought before taking of cognizance or at the time of taking cognizance and not after that - In the instant case Magistrate took cognizance and application for condonation of delay filed after 1 year and 8 months of taking cognizance..........
Limitation Act, 1963, Section 14 -- Exclusion of time - Spent in criminal proceedings - Permissibility - S.14 of the Act is applicable only to the time spent inadvertently in civil proceeding - A criminal case cannot be equated to a civil proceeding for the purpose of S.14 of Act - Any amount of time spent before criminal Court not to be excluded while computing the period..........
Limitation Act, 1963, Section 3 -- Plea of limitation - Suit is to be dismissed or plaint to be rejected when suit is filed beyond period of limitation even when plea of limitation is not taken by defendant...........
