Limitation Act, 1963, Section 14 -- Exclusion of time u/s 14 of the Act - Time spent in pursuing the matter bonafidely and in good faith before forum believing it to be the appropriate forum is bound to be excluded when computing limitation before Court having competent jurisdiction...........
Limitation Act, 1963, Section 14, 5 -- Exclusion of time is different and cannot be equated with condonation of delay - Period once excluded, cannot be counted for the purpose of computing period for which delay can be condoned...........
Limitation Act, 1963, Section 5, 14 -- Condonation of delay - Writ petition not entertained on the ground that appellant should approach Appellate Authority - Bona fides of appellant in filing writ petition not challenged - Appeal filed immediately after dismissal of writ petition - On exclusion of said period, appeal would be within condonable period - Delay condoned -..........
Delhi Rent Control Act, 1958, Section 38, Limitation Act, 1963, Section 14 -- Eviction petition - Application seeking to reopen issues already adjudicated upon by way of seeking permission to lead additional evidence - For claiming benefit of S.14 of Limitation Act, party must show that it was prosecuting other proceedings with due diligence and in good faith - In present..........
Limitation Act, 1963, Section 14 -- Applicability of S.14 of the Act - Quasi judicial Tribunal - Provisions of S.14 of the Act would not be applicable strictly to proceedings before a quasi-judicial Tribunal - However, principles underlying the same would be applicable i.e. proper approach will have to be of advancing the cause of justice, rather than to abort the..........
Insolvency and Bankruptcy Code, 2016, Section 61(2), Limitation Act, 1963, Section 14 -- Appeal - Limitation - Exclusion of time u/s 14 of Limitation Act - Judgment of NCLT is dated 28.11.2019 - Appeal filed in on 18.2.2020 - However, immediately after order was passed by NCLT, appellant preferred writ petition before Division Bench of High Court on the ground that..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, Limitation Act, 1963, Section 14(2) -- Delay in filing appeal - Condonation of - Applicability of S.14(2) of Limitation Act - As per facts one petition was filed to challenge demand notice and other to challenge sale notice - As per S.14 of Limitation Act, time..........
Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Section 5, 14 -- Recovery of amount due - Condonation of delay - Court receiver was permitted to sell property - Application U.O.21.R.90 CPC set aside - S.5 of Limitation Act which deals with extension of time or condonation of delay is not applicable to proceedings U.O.21.R.90 CPC - Therefore, delay, if..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B, Constitution of India, 1950, Article 227 -- Rent and eviction - Leave to defend - Supervisory jurisdiction - While exercising supervisory jurisdiction, High Court will not go beyond what is pleaded in leave to defend application as the same would be permitting additional grounds and thus extending period of limitation...........
Limitation Act, 1963, Section 14, 29(2) -- Exclusion of time of proceedings bonafide in Court without jurisdiction - S.29(2) of the Act shall apply where the suit, appeal or application is filed in Court and not before the statutory authority, quasi judicial authority or the Tribunal/DRT - Therefore, provisions of S.14 of the Act shall not be applicable before the DRT...........
