Civil Procedure Code, 1908, Order 33, Rule 5, Limitation Act, 1963, Section 13 -- Suit for damages - Application to sue as forma pauperis - Period of limitation - Application to sue as forma pauperis filed alongwith suit - Rejection thereof for want of requisite schedule - Plaintiff preferred an appeal before District Judge which was returned with direction to present the..........
Punjab Apartment and Property Regulations, 1995, Section 3, 6, 9, 15, 36, Criminal Procedure Code, 1973, Section 468, 482 -- Quashing of FIR - FIR registered against petitioner for carving out plots in violation of provisions of Act of 1995 - Sale deeds executed between 23.11.1999 and 27.04.2000 - FIR lodged on 11.12.2004 after expiry of limitation of three years - FIR..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 569 days in filling appeal by State - Due to heavy load of work it slipped out of mind that case has been decided - Not believable - No sufficient reason assigned - Order dismissing application upheld - Chief Secretary directed to hold departmental enquiry and fix the liability of the officers, who are..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement - Sought at the stage when case was fixed for final arguments - Amendment sought was well within knowledge of defendant but he failed to take bona fide steps earlier - Plea of counter claim raised by defendant is barred by limitation - Held,..........
Arbitration Act, 1940, Section 30, 33, 20 -- Arbitration award - Objections - Claim before arbitrator alleged to be time barred - Arbitrator entered reference in pursuance of reference u/s 20 of the Act - It was for the objector to raise the question of limitation before the Court dealing with application u/s 20 of the Act - Once the reference was made, arbitrator was to..........
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 65 -- Plaint - Amendment - Alternative relief of delivery of possession - Limitation - Suit for declaration, mandatory injunction and possession filed on 30.04.1979 - Foundational fact with regard to recovery of possession made throughout in the plaint - Part of suit property already stood attached..........
Criminal Procedure Code, 1973, Section 468 -- Cognizance of offence by Magistrate u/ss 341 and 294 of IPC on a complaint - Alleged occurrence took place on 1.9.2002 - Complaint filed on 10.6.2004 - Period of limitation prescribed u/s 468 (2) Cr.P.C. is period of one year from the date of occurrence - Held, time barred cognizance bad in law - Period of limitation is to be..........
Indian Penal Code, 1860, Section 341, 294 -- Cognizance of offence by Magistrate u/ss 341 and 294 of IPC on a complaint - Alleged occurrence took place on 1.9.2002 - Complaint filed on 10.6.2004 - Period of limitation prescribed u/s 468 (2) Cr.P.C. is period of one year from the date of occurrence - Held, time barred cognizance bad in law - Period of limitation is to be..........
Constitution of India, 1950, Article 12 -- Punjab Co-operative Societies Act, 1961, Punjab Co-operative Societies Rules, 1963 - Writ petition seeking direction to consider claim for appointment to the post of Manager in Punjab State Co-operative Bank - Held, petition not maintainable as co-operative bank is not a govt. - However, observed that all pleas and grounds taken..........
Consumer Protection Act, 1986, Section 24A, Carriers Act, 1865, Section 10 -- Carriers service - Complaint - Limitation - Plea that notice to the carrier itself was issued after the period of two years permissible under the CP Act and consignee did not take delivery of goods hence not complaint could lie repelled - Consignment was booked on 12.08.1994 and petitioner had..........
