Limitation Act, 1963, Section 5 -- Condonation of delay - Condonation of delay is a matter of discretion of Courts and S.5 of the Act does not say that such discretion can be exercised only if delay is within a certain limit...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Length of delay is no matter, acceptability of explanation is only a criteria...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 247 days in filing second appeal - Defendant filed second appeal against judgment and decree passed by first appellate Court with a delay of 247 days - No doubt, if delay is condoned, same will cause some hardship to plaintiff - Therefore, same has to be compensated by way of imposing costs of Rs.5,000..........
Limitation Act, 1963, Section 18 -- Acknowledgment even if accompanied by refusal to pay even then period of limitation would have to be computed from the time when such acknowledgment is signed...........
Limitation Act, 1963, Section 18 -- Acknowledgment - Not of full amount claimed - Extending period of limitation for the entire suit claim does not arise...........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Dismissal of complaints - Condonation of delay of 357 days and 363 days - As per evidence on record, complainant was in custody for more than 1 year and he was only released on bail due to immediate medical treatment - Complainant provided adequate reason for the delay..........
Arbitration and Conciliation Act, 1996, Section 43, Micro Small and Medium Enterprises Development Act, 2006, Section 18 -- Applicability of provisions of Limitation Act to conciliation and arbitration proceedings initiated u/s 18 of the Act - Considering the overriding effect of the provisions of the MSMED Act and the clear language of Section 18(3), Section 43 of the ACA..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 3, , Section 151, Limitation Act, 1963, Article 122 -- Compromise - Suit dismissed as withdrawn - Restoration of suit - Dismissal of suit as withdrawn is akin to dismissal of suit for want of prosecution - Limitation for filing application for restoration of such suit is 30 days...........
Will -- Registered - Carries a presumption of genuineness and burden of disproving it lies on the party alleging its validity - However, presumption is rebuttable but cannot be discarded on the basis of delay alone, especially when there is no statutory bar or limitation period governing registration of Wills...........
Registration Act, 1908, Section 71, 23 -- Refusal to register document on the ground of limitation - Delay was purely attributable to continued restraint order passed by Court - Documents were presented for registration immediately after stay was vacated - Entire period available for petitioner to present the documents for registration excluding period of existence of..........
