Limitation Act, 1963, Section 3, Civil Procedure Code, 1908, Section 9A -- Jurisdiction - Suit barred by limitation - Court has no jurisdiction to entertain it - Court is duty bound to dismiss the same, and the parties cannot confer jurisdiction by consent...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Delay - Can be condoned on the basis of averments made in the restoration application if the ground seeking setting aside exparte decree and condonation is one and the same...........
Limitation Act, 1963, Section 14, Civil Procedure Code, 1908, Section 10, 11 -- 'Matter in issue' occurring in Ss.10 & 11 of CPC can be adopted to interpret 'same matter in issue' occurring in S.14 of Limitation Act - When considering applicability of S.14, relief claimed in two proceedings may not always be decisive...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit barred by law of limitation - Plaint rejected...........
Criminal Procedure Code, 1973, Section 182, 468, 482 -- Prosecution u/s 182 Cr.P.C. for lodging false FIR - Limitation is one year when police after enquiry filed cancellation report - Prosecution after one year of filing of cancellation report - Barred by limitation - Proceedings quashed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Time barred relief - If fresh suit on amended claim would be barred by limitation on the date of filing of the application then Courts generally disallow amendment - However, such an amendment is allowed when it is in the interest of justice...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Time barred relief - When it is a disputed question of fact as to whether amendment is barred by time or not then amendment is allowed and in such circumstances limitation can be made an issue in the suit itself...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Time barred - If amendment sought merely adds to facts already on record then amendment is allowed even after statutory period of limitation...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - General principles are : (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..........
Limitation Act, 1963, Article 136, Civil Procedure Code, 1908, Order 21, Rule 7 -- Date of decree - Irrespective of date on which the decree was drawn up, date of decree is date of judgment...........
