Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - Cheque can be presented any number of times within its period of validity and on each dishonour of cheque a fresh right is created - Cause of action accrues only when notice is issued - Once cause of action accrues then complaint has to be filed within period of limitation...........
Consumer Protection Act, 1986, Section 21 -- Appeal - Condonation of delay - Appeal by Govt. Deptt - No special provisions though there is lengthy process is alleged to be involved - There could be delay of few days or few weeks - Delay of over one year - Application does not sufficiently explain the delay caused - Valuable right has accrued to the consumer who is pitted..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Plot - Resumption order - Complaint filed after a period of more than two years from the date of passing of resumption order - Complaint held to be time barred in view of Section 24 - A of the CP Act...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Plot allotment - Cause of action had arisen on the basis of offer of possession of the plot made on 29.9.2000 - Complaint came to be filed on 9.10.2003 - No application for condonation of delay in terms of requirements of Section 24A of the Act moved - Complaint liable to be dismissed as barred by limitation...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Insurance claim - Incident took place in December, 1988 - Insurance company informed the complainant vide its letter dated 17th October, 1994 that damage not attributable to the malicious act and claim rejected - Complaint filed in 1998 held to be barred by time...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Time barred relief - Court may, in its discretion, allow an application for amendment of the plaint even where the relief sought to be added by amendment is allegedly barred by limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Amendment sought to rectify a part of the description of suit property - Neither question of limitation is involved nor it will change the nature of suit - Amendment allowed...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Delay of 769 days in filing appeal - Facts stated in application constituting sufficient cause for condonation of delay in filing appeal - Delay condoned on payment of Rs.10, 000/- as costs...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Res judicata - FIR alleging criminal breach of trust, cheating etc. - High Court had passed an order dismissing petition filed by Petitioner u/s 482 Cr.P.C. - High Court had proceeded on basis that only point urged by Petitioner was one concerning limitation - SLP before Supreme Court - Supreme Court having..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Delay in filing - Condonation of - Revision petition was filed with a delay of 30 days - An application u/s 5 of Limitation Act has been preferred for condonation of delay contending therein that petitioner is in jail during course of trial of case, therefore, he could not prefer revision petition under prescribed..........
