Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 468 -- Criminal breach of trust - Limitation - Is a continuing offence which continues until the property is restored to its true owner...........
Civil Procedure Code, 1908, Order 7, Rule 6 -- Limitation - Exemption - Ground of exemption from limitation must be pleaded in the plaint - Unless plaint is amended it is not open to the parties to rely on an exemption not pleaded in the plaint...........
Consumer Protection Act, 1986, Section 15 -- Appeal - Limitation - Condonation of delay - According to the applicant it came to his knowledge only on 18.10.2000 that his complaint had been dismissed on 1.10.1999 - In the absence of making a mention regarding the date of receipt of certified copy of order under appeal, the application held to be vague and not disclosing any..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Medical negligence - Eye operation of complainant on 18.2.1993 and complaint filed alleging deficiency in service withdrawn unconditionally on 25.8.1995 after a compromise in which OP agreeing to render free professional service to the complainant - Vide letter dated 3.5.1996 OP refused to treat the patient -..........
Consumer Protection Act, 1986, Section 24A -- Limitation - The cause of action accrued to the complaint in April 1997, when he had for the first time noticed the defect in the refrigerator - Complaint filed only on 11.4.2000 i.e. after a period of two years and ten months without furnishing any explanation for the delay - Even if the cause of the action is taken to have..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment not changing nature of suit - Defendant compensated by costs for delay in seeking amendment - Merits and demerits to be seen at trial - Amendment whether barred by limitation to be decided at trial - Legal issue of primogeniture would also be decided at trial - Held, amendment allowed is proper...........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Carriage by Air Act, 1972, Rule 22(2) (a) of Chapter III, Schedule II - Airlines - Loss of baggage weighing 18 Kg.- Claim of the respondent for missing baggage amounting to Rs. 21,000/- declined by Airlines on the ground that the complainant and her son had checked in 48 kgs of baggage without payment of excess..........
Limitation Act, 1963, Section 18, Partnership Act, 1932, Section 45 -- Acknowledgment - Partnership firm - Defendant No.2. one of the partners categorically informed Bank about disputes between partners - Acknowledgment of balance by other partner thereafter - Does not bind defendant No.2...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Recovery - Limitation - Amount for May, 1997 became due in June, 1997 - Application for recovery filed on 2.6.1998 - Order of recovery for payment from May, 1997 to May, 1998 is neither illegal nor perverse...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Insurance claim repudiated on 23.3.1992 - Complaint filed on 29.12.1994 - Section 24-A providing for limitation inserted w.e.f. 28.6.1993 providing for limitation of 2 years - Since cause of action arose prior to insertion of Section 24-A general law of limitation of three years is to be applicable - Calculating..........
