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...........
Limitation Act, 1963, Article 65 -- Limitation - Suit for possession - Where a suit is for possession of immovable property or any interest therein based on title, limitation period is 12 years when possession of defendants becomes adverse to plaintiff...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing Special Appeal - Delay is inordinate and explanation offered is hardly an explanation which is certainly not an acceptable one and is not satisfactory as there is no sufficient cause shown by appellants for entertaining the appeal which has been filed with delay - Application for condonation of delay..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Considering plaint pleadings it cannot be said that period of limitation is a pure question of law - It is a mixed question of law and fact which cannot be considered for rejection of plaint barred by law - It requires evidence and proof during trial - Order of rejection of plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - When there was a specific averment in plaint with respect to suit being within limitation from the date of knowledge, it was not a case for rejection of plaint U.O.7.R.11 CPC at the stage of registration...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected U.O.7.R.11 CPC at the stage of registration neither on the ground of barred by limitation nor on ground of no cause of action...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Limitation - Period of limitation to file an application u/s 11(6) of the Act would start from 21.04.2018 i.e. 30 days from date of submission of bill, as submitted by appellant and an application for appointment of arbitration ought to be filed within 3 years from such date i.e. on or..........
