Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Setting aside - Principles governing - (i) The words 'sufficient cause for not making the application within the period of limitation' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case - The words..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5, Article 121 -- Death of two respondents during pendency of appeal - Delay of 2381 and 2601 days in bringing L.R's on record - Appellants were neighbours and co-sharers - Date of death was known to them - Held, ignorance of legal consequences not sufficient to condone such a huge delay...........
Limitation Act, 1963, Article 54 -- `Date' - Meaning - When date is fixed it means there is a definite date fixed for doing a particular act - Even the second part which refers `when the plaintiff has notice that performance is refused' means that there is definite point of time - Held, both the parts refer to definite dates - There is no question of finding out an..........
Limitation Act, 1963, Article 54 -- `Fixed' - Meaning - In essence means having final or crystallized form or character not subject to change or fluctuation...........
Succession Act, 1925, Section 276, Limitation Act, 1963, Article 137 -- Article 137 Limitation Act is applicable to a petition for grant of probate or letters of Administration...........
Limitation Act, 1963, Article 137 -- Any application to Civil Court is covered by Article 137 of Limitation Act...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - (1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded; (2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may..........
Civil Procedure Code, 1908, Order 41, Rule 1, 9 -- Appeal - Whenever an appeal is filed, office concerned submits a report with regard to limitation, sufficiency of Court fee and filing of caveat - Unless those reports are obtained file is not presented before Court - In case file is presented to Court by mistake then it is duty of Court to ensure the report of office and..........
Criminal Procedure Code, 1973, Section 190, 468(2)(b), Companies Act, 1956, Section 159, 162, 220 -- Cognizance of offences - Bar u/s 468(2)(b) - Applicability - Accused alleged to have committed offences u/ss 159, 162 and 220 of the Companies Act, 1956 - Cognizance after 11 years - Held, offence alleged in complaint against petitioner is not a continuous wrong - Bar to..........
Civil Procedure Code, 1908, Order 34, Rule 8(3), Limitation Act, 1963, Article 137 -- Redemption of mortgage - Final decree - Limitation to file application for final decree U.O.34.R.8(1) CPC is three years - Plaintiff failing to apply for final decree within 3 years from date of deposit of amount in compliance of preliminary decree - Application for final decree is..........
