Criminal Procedure Code, 1973, Section 468 -- Limitation - FIR lodged within period of limitation but cognizance taken on subsequent date - Same will be treated to be within period of limitation...........
Insolvency and Bankruptcy Code, 2016, Section 9, 62 -- Barred by limitation - There existed a `pre-existing dispute' between the parties there cannot be an order of remand of the matter to the Tribunal for reconsideration of Section 9 application under IBC - When the matter was remanded for consideration of the question of limitation afresh - Thus, the dismissal of the..........
Insolvency and Bankruptcy Code, 2016, Section 9, 62 -- Barred by limitation - There existed a `pre-existing dispute' between the parties there cannot be an order of remand of the matter to the Tribunal for reconsideration of Section 9 application under IBC - When the matter was remanded for consideration of the question of limitation afresh - Thus, the dismissal of the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed and permanent injunction - Nothing in plaint to draw an inference that prior to 20.2.2022, plaintiff was aware of execution of sale deed by his father in favour of defendant - Suit filed in the year 2022 not barred by limitation...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of suit - Death of one `N' during pendency of suit - During pending of application for substitution `I' one of the L.R's of `N' died - Limitation to file application for substitution of L.R's of `I' will start to run from the day when application for substitution of L.R's of `N' was allowed...........
Indian Penal Code, 1860, Section 294, 506, Criminal Procedure Code, 1973, Section 468 -- Offence u/ss 294, 506 IPC - Cognizance of offence - Limitation - Incident occurred on 18 Feb 2010 - Complaint filed on 9 Mar 2010 well within the period specified and hence not barred u/s 468 Cr.P.C even though order of cognizance was passed on 5 Jan 2011 - Offences is to be reported..........
Agreement to sell -- Specific performance - Limitation - Registered sale deed was to be executed on or before 10.2.1992 and condition of getting land demarcated was not the condition precedent for execution of sale deed - After execution of agreement, first notice was issued on behalf of plaintiffs in the year 2006 whereas suit has been instituted in 2012 - Suit filed..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Findings recorded by Courts below with regard to readiness and willingness and also on question of limitation being pure findings of fact are not liable to be interfered with in the limited scope of 100 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pleas raised cannot be appreciated properly without recording evidence - At this stage when suit is at preliminary stage, it cannot be said that plaint does not disclose any cause of action or that suit is barred by limitation - Application rightly dismissed...........
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...........
