Consumer Protection Act, 1986, Section 17,15,24 -- Revisional Jurisdiction - Period of Limitation - Order of the District Forum was passed on 21.5.1998 - Revision filed by Respondent-Insurance Company on 23.9.1998 - The period of limitation provided for appeal is equally applicable to revision - Held that the revisional application in this case being clearly barred by..........
Consumer Protection Act, 1986, Section 24A -- Carriage by Air Act, 1972, Schedule II, Rule 30 - Limitation - Since Carriage by Air Act, 1972 is a special provision provided for liability of the air carrier, complainant is barred if he brings an action for damages after 2 years - He cannot refer to the provisions of Section 24-A of the Consumer Protection Act and seek..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Each day's delay - Non explanation - When substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - AIR 1987 S.C. 1353 followed wherein held: (1) There is no benefit to the litigant in lodging an appeal late; (2) Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated; (3) Every day's delay must be explained does not mean that a..........
Agreement to sell -- Limitation - Three years - Such period is to be reckoned from the date fixed for performance of the contract and in case no date for such performance is fixed, then from the date the plaintiff has noticed that performance is refused. (Limitation Act, 1963, Art.54)...........
Limitation Act, 1963, Article 54 -- Suit for specific performance - Limitation - No specific date fixed for execution of sale deed but the same was to be executed within six months of sanctioning of mutation in favour of vendor - Limitation would commence from date of sanction of mutation...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Medical Negligence - The District Forum vide its judgment and order dated 6.4.1999 holding Appellants/O.P. Nos.1 and 2 negligent and directing them to pay a compensation of Rs.51,000 - The Opposite Parties obtaining the certified copy of the judgment and order on 23.10.199 and filing the appeal on 26.10.1999 - O.P...........
Consumer Protection Act, 1986, Section 21 -- Revision - Limitation - Held that the Act does not provide for any limitation for revision - Revision should ordinarily be filed within a period of 90 days otherwise it is likely to be dismissed on the ground of latches...........
Arbitration and Conciliation Act, 1996, Section 34(3) -- Proviso - S.5 Limitation Act does not apply to proceedings under S.34 of the Arbitration Act, 1996 for setting aside arbitral award though it applies to proceedings u/s 30 of old Act of 1940. (2001(2) Apex Court Journal 385 (S.C.) followed.) (Limitation Act, 1963, S.5)...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Postal service - Banking service - Complaint with regard to wrong delivery of Registered letter containing bank draft and its wrong encashment - Plea that cause of action arose on 4.11.1988 and complaint file on 4.11.1997 barred by limitation repelled - Postal Authorities and Bank authority did not deny their..........
