Criminal Procedure Code, 1973, Section 468, 472, Indian Penal Code, 1860, Section 406 -- Limitation - Offence u/s 406 IPC is a continuing offence - Law relating to cognizance in the matter is governed by S.472 Cr.P.C, as in case of continuing offence a fresh period of limitation begun to run at every moment of time during which offence continues - Order taking cognizance..........
Limitation Act, 1963, Article 64, Specific Relief Act, 1963, Section 6 -- Limitation - Suit for recovery of possession on the basis of prior possession - Suit is governed by Art.64 Limitation Act and not S.6 of Specific Relief Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Application u/s 12 of the Act - Limitation - There is nothing in the Act that application u/s 12 of the Act has to be filed within one year from the date of cessation of domestic relationship between aggrieved person and respondent - Contention of husband that proceeding is not maintainable, as it was..........
Criminal Procedure Code, 1973, Section 372, Limitation Act, 1963, Section 5 -- Appeal - No period of limitation is prescribed to file appeal under the proviso to S.372 Cr.P.C., hence no application to condone the delay is required along with an application for leave to appeal...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and permanent injunction - Relief of specific performance sought by way of amendment of plaint - Relief barred by limitation - Moreover, application for amendment was blissfully silent as to why it was not filed before commencement of trial - Amendment rightly declined...........
Criminal Procedure Code, 1973, Section 203 -- Delay in filing of complaint - Unless complaint is barred by limitation, delay cannot be fatal to prosecution case as delay can be explained by complainant during trial of the case...........
Prevention of Money Laundering Act, 2002, Section 42 -- Appeal before High Court against order of appellate Tribunal - Limitation - Condonation of delay - Period of limitation is 60 days which can be extended further to 60 days - Court has no power to condone delay beyond maximum permissible period of 120 days...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside - Limitation - Period of limitation to make application U.O.21.R.89 CPC should be reckoned from date of sale when property is put in auction...........
Civil Procedure Code, 1908, Section 148, Order 21, Rule 89, Limitation Act, 1963, Section 5 -- Auction sale - Setting aside - Limitation - Period of limitation to make application U.O.21.R.89 CPC is 60 days as per Art.127 of Limitation Act - Court has no power to extend time by invoking remedy u/s 148 CPC - Petitioner moved application after delay of 3 days from date of..........
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Delay condonation and restoration application - Can be decided simultaneously - However, in the event of an order being passed on delay condonation and restoration application, main matter on merits should not be decided on the same date so as to enable the party aggrieved to challenge the..........
