Limitation Act, 1963, Section 5 -- Condonation of delay - While considering the plea for condonation of delay, Court must not start with the merits of the main matter - Court owes a duty to first ascertain the bona fides of explanation offered by the party seeking condonation - It is only if the sufficient cause assigned by the litigant and opposition of the other side is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Earlier suit as filed by plaintiff in 1993 and plaint in said suit rejected in 1998 - Second suit of 2007 was filed on the strength of O.7.R.13 CPC for the very same cause of action and for seeking very same relief of specific performance of agreement - Plaintiff could have filed the second suit on or..........
Limitation Act, 1963, Article 113 -- Limitation - Art.113 of Schedule to Limitation Act provides for a suit to be instituted within three years from date when right to sue accrues - Right to sue accrues only when cause of action arises, that is, right to prosecute to obtain relief by legal means...........
Arbitration Act, 1940, Section 17 -- Application u/s 17 of the Act - Limitation for filing application u/s 17 of the Act begins from awareness of existence of award, not from the date of receiving a copy of award...........
Limitation Act, 1963, Section 3 -- Limitation - When there are several reliefs claimed in a suit, limitation period would be that of main relief and limitation for ancillary relief being ignored...........
Limitation Act, 1963, Article 58, 59 -- Limitation - Prayer for two reliefs - Composite suit for cancellation of sale deed and recovery of possession - Limitation period should be considered with respect to substantive relief of cancellation of Sale Deed which would be three years from the date of knowledge of Sale Deed sought to be cancelled...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - There is no need to file a separate application for condonation of delay - Hyper technical view that there is violation of mandatory provision of law cannot be taken - Taking such a view would effectively mean ignoring the purpose of..........
Criminal Procedure Code, 1973, Section 378, Limitation Act, 1963, Section 5 -- Appeal against acquittal - Condonation of delay - There is hardly any acceptable explanation to condone huge delay of 1184 days in presenting appeal - Nothing is mentioned as to why State waited for 3 years to file appeal - Application for condonation of delay dismissed...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Non filing of appeal within limitation - Sufficient cause - It must be established that due to some event or circumstance, before the limitation expired, it was not possible to file appeal within limitation - No event or circumstance arising after expiry of limitation can constitute such sufficient cause...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Cannot be liberally interpreted, if negligence, inaction or lack of bona fides is attributed to the party...........
