Limitation Act, 1963, Section 5 -- Condonation of delay - Applies to appeals or applications and not to suits...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 114 -- Condonation of delay - Delay of 245 days in filing review petition - No good ground made out by petitioners/State for condoning delay - Bureaucratic lethargy or moving of files from one level to another cannot be considered as sufficient explanation - Even if some latitude is required to be given..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Challenge to sale deed - Proposed amendment to add particulars as to sale deed - Amendment sought clarificatory in nature - Suit filed in the year 2011 and amendment sought and allowed in the year 2015 not barred by limitation - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Setting aside ex-parte decree - Condonation of delay of 102 days in filing application - Court dismissed application filed u/s 5 of 1963, Act and ordered delivery of property on the very same day without granting time to petitioner to move to higher Forum - Prima facie, when termination of..........
Contempt of Courts Act, 1971, Section 15, 20 -- Criminal contempt - Suo moto initiation of contempt proceedings by High Court - Period of limitation is one year - Since action initiated against contemnor after four years of alleged contempt, it is thus hit by limitation...........
Limitation Act, 1963, Article 55 -- Limitation - Hire purchase agreement - Breach in payment of instalments - Suit for recovery - Limitation starts to run when default in payment of instalments was committed as terms of agreement clearly indicate that on committing breach of terms and conditions of the agreement rights shall accrue to the plaintiff to sue for balance..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - An application u/s 11 of Act is expected to contain pleading about existence of a dispute and applicant is not expected to justify the claim or plead extensively in regard to limitation or production of document to demonstrate that claim is within time and that issue should normally be left..........
Limitation Act, 1963, Article 55 -- Limitation - Hire purchase agreement - Breach in payment of instalments - Suit for recovery - Limitation starts to run when default in payment of instalments was committed as terms of agreement clearly indicate that on committing breach of terms and conditions of the agreement rights shall accrue to the plaintiff to sue for balance..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Execution - Auction sale - Delivery of possession - Limitation - One year period starts to run from the date on which sale becomes absolute, notwithstanding the non issuance of sale certificate or pendency of a claim petition U.O.21.R.58 CPC - Grant or production of sale certificate is not..........
Civil Procedure Code, 1908, Section 80, Limitation Act, 1963, Section 15(2), Article 55, 113 -- Suit against government - Exclusion of notice period - Notice given within the period of limitation to file the suit - Suit instituted immediately after expiry of statutory notice period - Suit is filed within period of limitation...........
