Civil Procedure Code, 1908, Order 21, Rule 11, Limitation Act, 1963, Article 136 -- Execution petition - Limitation - Begins to run from date of decree and not from date when decree is actually drawn up and signed by Judge - DH does not have benefit of exclusion of time taken for obtaining certified copy of decree...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Issue of limitation - Recovery suit - District Judge remanded the matter for retrial for the reason that issue of limitation though not raised by defendants goes to root of matter - However, question of limitation was considered by trial Court in first round of litigation - Defendants had not challenged said..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 7, Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016, Rule 2016, 22(3)(4) -- Maintenance and eviction - In every order passed by initial forum, two sentences be added at the end of every order - For maintenance cases : "Present order would be appealable u/s 16 of the..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 449 days in filing first appeal - First appeal filed by similarly situated appellants have already been allowed - Keeping in view the averments made in application, prayer for condonation of delay is squarely covered in favour of appellant - Delay condoned...........
Insolvency and Bankruptcy Code, 2016, Section 9 -- Application u/s 9 of the Act - Appellant being retired employee of Corporate Debtor claimed arrears of his salary - Three acknowledgements of liability issued by company - From date of last acknowledgement till date on which petition before NCLT was filed, three years have not elapsed - Arrears of salary due for a period..........
Arbitration and Conciliation Act, 1996, Section 34, 36 -- Arbitration award - Objections - Limitation - Period of limitation for filing objections have to be reckoned from date on which signed copy of award was made available to parties...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing first appeal - Appellate Court cannot decide appeal unless application for condonation of delay is decided in favour of appellant...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Correction of mistake - Suit for recovery of stridhan/dowry/articles - Amendment sought for correction of factual mistake with regard to date of marriage and also place of marriage - Case is at initial stage, as issues are not yet framed - Nature of suit would not be changed by amendment - As regarding..........
Limitation Act, 1963, Section 59 -- Registered adoption deed - Suit for cancellation - Limitation - Respondent was not party to the deed - Fact entitling respondent to have instrument cancelled or set aside first became known to respondent only on or after 27.05.2011 - Suit filed on 28.11.2011 - Suit filed within time...........
Limitation Act, 1963, Section 22, Article 59 -- Registered adopted deed - Suit for cancellation - Limitation - Continuing wrong - Appellant appointed on the basis of fraudulent deed of adoption and he continuing and getting salary regularly - Suit for cancellation of fraudulent deed cannot be barred by limitation...........
