Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 8 years - Reasons for delay mentioned in application - Non dealing of those explanations and it was merely stated that no justifiable reason has been stated for day to day delay - It was incumbent to examine correctness of explanation given in application and was required to record specific finding on..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Cheques issued towards payment of amount due under chit transactions - No dispute regarding dates of presentation of cheques, their dishonour, issuance of statutory notice and compliance of provisions of Act with regard to limitation..........
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..........
Income Tax Act, 1961, Section 801A(5) -- Deductions - Scope of S.80-1A(5) of the Act is limited to determination of quantum of deduction u/s 80-1A(1) by treating `eligible business' as the `only source of income' - S.80-1A(5) cannot be pressed into service for reading a limitation of the deduction u/s 80-1A(1) only to `business income'...........
Limitation -- Extension of limitation due to COVID-19 virus - (a) Order dated 23.03.2021 and in continuation of the order dated 08.02.2021, Limitation as prescribed under any general or special laws in respect of all judicial or quasi judicial proceedings, whether condonable or not, shall stand extended till further orders; (b) period from 14.03.2021 till further orders..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 582 days in filing application - Defendant was duly served with summons in suit and had appeared - He failed to state that after becoming aware of passing ex parte decree on 18.7.2019, what steps were taken by him to seek setting aside..........
Limitation Act, 1963, Section 18 -- Acknowledgement - Entries made in balance sheet - Majority view in case V.Padmakumar V. Stressed, that entries in balance sheets does not amount to acknowledge of debt for the purpose of extending limitation u/s 18 of the Act, set aside, while upholding the minority view of Justice (Retd.) A.I.S. Cheema, Members (Judicial)...........
Limitation Act, 1963, Section 18, Insolvency and Bankruptcy Code, 2016, Section 238A -- (As enacted by Insolvency and Bankruptcy Code (Second Amendment) Act, 2018, w.e.f. 06.06.2018 - Applicability of S.18 of Limitation Act to the Code - S.18 of Limitation Act is applicable to I & B Code...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Past conduct of petitioner or age of litigation, cannot be an exclusively a dominating and rationale ground to reject delay condonation application - Delay condoned...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Barred by limitation - Plea of adverse possession taken by defendant - However, defendant failed to prove that he perfected his title over suit property by continuous and undisturbed possession over same for more than statutory period - Suit filed by plaintiffs not barred by..........
