Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1686 days in filing revision petition - Petitioner has not availed of available appellate remedy but instead has sought to revive a matter, which has been beset with laches and lapses - Unexplained delay which has been caused being solely attributable to petitioner - Delay cannot be condoned...........
Agreement to sell -- Suit for specific performance - Suit filed on the last day of limitation - Plaintiff is not entitled to relief of specific performance...........
Consumer Protection Act, 1986, Section 24A -- Consumer complaint - Limitation - Allotment of plot - Respondent authority issued reminders to complainant from time to time - Ongoing interactions between parties including respondent's acceptance of part payment in 2019 and reminders sent effectively extended the limitation period - NCDRC rightly applied Ss.18, 19 of..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 118 days in filing appeal - Delay occurred on account of counsel for applicant - Delay does not appear to be lack in bona fides or is due to gross negligence or deliberate inaction - Party ought not to suffer if counsel has been plagued with problems - Delay condoned being sufficiently and satisfactorily..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Enquiry U.O.20.R.12 CPC is continuation of the suit and is in the nature of preparation of final decree - Therefore, any application moved as a reminder for completing the inquiry is neither barred by limitation nor liable to be dismissed on the ground of delay or laches...........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction against State - Limitation - Since State cannot take plea of adverse possession therefore, plea of limitation cannot be taken by State - Suit not barred by limitation...........
Civil Procedure Code, 1908, Order 21, Rule 105(2), Limitation Act, 1963, Section 5 -- Execution petition - Dismissed in default - Restoration - Applicability of S.5 of limitation Act - S.5 of Limitation Act is not applicable to any of provision U.O.21 CPC, in view of phrase `other than application under any of provision of O.21 CPC' used in S.5 of Limitation Act -..........
Criminal Procedure Code, 1973, Section 468 -- Limitation - Period of limitation u/s 468 Cr.P.C is to be reckoned from the date on which complaint is preferred by aggrieved party...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2117 days in filing restoration application - No cogent and proper explanation given for condonation of such a huge delay - Even, explanation furnished by plaintiffs in so many paragraphs of delay condonation petition fails to provide sufficient cause for delay - Order allowing petition for condonation and..........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 12(1), 12(2), General Clauses Act, 1897, Section 9 -- Dishonour of cheque - Limitation for filing complaint u/s 138 of the Act is from the day on which the cause of action arises and first day has to be excluded for counting period of one month...........
