Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2298 days in filing special leave petition - Accused never approached for filing special leave petition and she was not willing to file the same before Supreme Court - Special leave petition has been filed merely in view of directions of National Legal Services Authority to provide free legal aid to needy..........
Limitation Act, 1963, Section 22 -- Limitation - Continuing breach - Every moment breach continues, a fresh period of limitation commences...........
Limitation Act, 1963, Article 55 -- Limitation - Continuing breach - Breach continues during the period fixed in the contract - On expiry of period of contract, breach ceases...........
Limitation Act, 1963, Article 55 -- Limitation - Continuing breach of contract - Suit for damages - Breach continues during period fixed in contract - On expiry of period of contract breach ceases - Breach was a continuing one, but during currency of contract - Breach cannot be said to continue thereafter since, period fixed by parties have expired - Suit could be..........
Limitation Act, 1963, Section 14(2) -- Exclusion of time u/s 14(2) of the Act - Applicability to execution petition - S.14(2) of the Act is applicable to execution proceedings, as though provision employs the expression "application", but S.2(b) of Limitation Act defines "application" to include a petition, hence, an execution petition would fall within its ambit...........
Limitation Act, 1963, Section 14 -- Exclusion of time u/s 14 of the Act - Where earlier proceeding was filed on last day of limitation and was returned for presentation before proper Court, litigant would not have any further time available for such presentation - Therefore, while calculating period of limitation in such circumstances, entire period during which first..........
Limitation Act, 1963, Section 14 -- Exclusion of time u/s 14 of the Act - S.14 of the Act does not extend to a case where Court which possesses jurisdiction erroneously declines to entertain proceeding on a mistaken perception or wrong application of legal principles - In such a situation, remedy available to aggrieved party lies elsewhere by way of a challenge before..........
Limitation Act, 1963, Section 14 -- Exclusion of period of pendency of first execution petition - Both the execution petitions were filed in very same Court - DH concedes that Court in which execution petitions were filed had jurisdiction to entertain petition, but that under an erroneous order it returned earlier one - Therefore, one of essential requirements of..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Execution petition - S.5 of the Act is not applicable to execution proceedings...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where several reliefs are sought in suit, if any one of reliefs is within the period of limitation, plaint cannot be rejected as barred by law by taking recourse to O.7.R.11 CPC...........
