Civil Procedure Code, Order 7, Rule 11(d), Limitation Act, 1963, Section 19 -- Rejection of plaint - Plea that suit not filed within limitation - Signed acknowledgement extending date of limitation not in existence on date of filing of suit - Acknowledgment of payment in written statement not sufficient to extend limitation - Suit not maintainable...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 19 -- Ex parte divorce decree - Setting aside - Ex parte divorce decree obtained by husband against wife - Neither process server examined who served summons on wife, nor affidavit or report of process server was filed as envisaged..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11(d), Limitation Act, 1963, Section 12(1), Article 19, General Clauses Act, 1897, Section 10 -- Promissory note - Suit for recovery - Limitation - In computing limitation date on which promissory note executed shall be excluded - Court holiday on the last day of limitation - Suit filed on the first day of opening of..........
Limitation Act, 1963, Section 18, 19 -- Acknowledgment - Can only be in regard to present subsisting liability - Admission need not be in regard to any precise amount nor by expressed words - If a defendant writes to the plaintiff requesting him to send his claim for verification and payment, it amounts to acknowledgment - However, in case defendant merely says that it..........
Limitation Act, 1963, Section 18, 19 -- Acknowledgment - Can only be to a present subsisting liability - An acknowledgment made with reference to a liability, cannot extend limitation for a time barred liability or a claim that was not made at the time of acknowledgment or some other liability relating to other transactions - Any admission of jural relationship in regard..........
Arbitration Act, 1940, Section 37, 30, Limitation Act, 1963, Section 18, 19 -- Arbitration award - Time barred claim - Arbitration award in respect of time barred claim is an error apparent on face of award - However, entire award is not liable to be set aside - The part relating to the claims which is validly made before the arbitrator and which are part of the existing..........
Family Courts Act, 1984, Section 19, Limitation Act, 1963, Section 5 -- Delay of 62 days in preferring appeal against order u/s 19 of Family Courts Act - Section 5 Limitation Act is applicable - Delay condoned subject to payment of costs of Rs.10, 000/-...........
Consumer Protection Act, 1986, Section 19 -- Appeai - Limitation -Condonation of delay - Case closed for order in June 2004 - Order passed on 04.11.2004 - Copy sent to the appellant on 30.12.2004 and appeal filed on 07.03.2006 - No effort made to find out as to what happened to final order - No merit in application of condonation of delay...........
Limitation Act, 1963, Section 18, 19 -- Different bank accounts - Balance confirmed by one document - It is only a procedural illegality but so far extension of limitation is concerned, they are sufficient - Requirement of law is whether the document of confirmation of balance was executed or not and not that instead of different-different documents why one document was..........
Limitation Act, 1963, Section 19, Article 26 -- Part payment - Extension of limitation - Voucher by which the last payment was deposited not produced - Where no proof such part payment is produced suit filed after expiry of limitation period is liable to be dismissed as barred by limitation...........
