Criminal Procedure Code, 1973, Section 125 -- Maintenance - Recovery - Limitation - Claim of arrears of maintenance is not barred by limitation because liability to pay maintenance is a continuing liability and S.125 of Cr.P.C is a measure of social legislation and it has to be construed liberally for the welfare and benefit of wife...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Suit for recovery of money - Suit decreed - Delay in filing appeal - Delay condoned with direction to deposit half of the decretal amount and permitted plaintiff to withdraw half of the amount so deposited - Order upheld...........
Civil Procedure Code, 1908, Order 37 -- Suit for recovery by partnership firm - Limitation - Goods sold and delivered vide invoice dated 26.1.2008 - Suit filed on 8.9.2010 - Held, suit is filed within time and is not barred by law of limitation...........
Limitation Act, 1963, Article 19 -- Recovery of money - Suit for - Limitation - Suit relates to recovery of money payable for money lent - Loan was given on 20.01.2002 - Suit filed on 13.05.2005 - Held, period of limitation is three years commencing from the date when loan is made - Suit barred by limitation...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery of money - Summary suit - Limitation - Under agreement dated 18th August, 2006, Defendant had agreed to pay the amount within 30 days from the date of said agreement - Period of 30 days expired on 17th September, 2006 - Suit was filed on 15th September, 2009 - Held, cause of action to file a suit would have commenced..........
Limitation Act, 1963, Article 27 -- Works contract - Recovery suit - Limitation - Earlier suit was filed for referring the dispute to arbitrator - Arbitrator was appointed and he made an award - Subsequent suit for recovery, i.e. present suit filed whether time barred - Held, it cannot be said to be time barred - Infact this aspect will further lend support to the reason..........
Criminal Procedure Code, 1973, Section 125, 128 -- Maintenance - Recovery - Where application for issuance of warrant is filed within period of one year then subsequent application filed in the same proceedings cannot be barred by limitation...........
Registration Act, 1908, Section 47A -- Deficient stamp duty - Limitation to initiate proceedings is three years - Audit note raising objection regarding deficient stamp duty does not amount to initiation of the proceedings for recovery of deficient stamp duty - Proceedings for recovery of deficient duty are to be initiated within three years of registration of deed...........
Contract Act, 1872, Section 171 -- Bank loan - Suit dismissed on ground of limitation - It is only the remedy which is destroyed and not the right of the creditor for the debt - Bank has general lien over the securities which come to its hands - It may be in the form of money, negotiable instrument or any form of security or it may be goods - To apply the banker's lien, it..........
Limitation Act, 1963, Section 18 -- Acknowledgment - Suit for recovery filed by respondent firms on basis of various loan transactions - In affidavits of examination-in-chief of witness of respondent firm, witnesses specifically stated about all transactions and relevant entries relating thereto - They also stated about composite entry relating to certain amounts advanced..........
