Protection of Women From Domestic Violence Act, 2005, Section 17, 18, 19, 20, 21, 22 -- Relief u/ss 17 to 22 of the Act - Limitation - No limitation is prescribed to institute a claim seeking relief u/s 17 to 22 of the Act - Complaint filed by wife after 10 years having left/turned out of her matrimonial home - Not barred by limitation...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - Barred by limitation - As per plaintiff exchange effected by co-sharer behind plaintiffs back - However, revenue entries in jamabandi brought on record shows that mutation was effected long time back in year 1958 in joint khewat - Even, fact of exchange was well in knowledge of all parties..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for permanent injunction filed - Suit withdrawn and subsequent suit for specific performance filed - Second suit for specific performance is not barred U.O.2.R.2 CPC as (i) Cause of action to claim a relief of permanent injunction and the cause of action to claim a relief of specific..........
Criminal Procedure Code, 1973, Section 468, 469, Drugs and Cosmetics Act, 1940, Section 27(c), 27(d), Indian Penal Code, 1860, Section 420 -- Limitation - Offence u/ss 27(c), 27(d) of Drugs Act and S.420 IPC - Limitation is calculated on basis of offence punishable with higher sentence and higher sentence is more than 3 years as per alleged offences - No limitation..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for declaration and permanent injunction - Plaintiffs asserted that suit was filed immediately after getting knowledge about fraudulent sale deed executed by defendants by keeping them in dark about such execution and within 2 days from refusal by defendants to refrain from..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Final decree - Partition suit - Where appeal against preliminary decree rejected even on the ground of limitation, it shall operate as a fetter to appellant's right to lay challenge to final decree on ground already raised and rejected during dismissal of appeal against preliminary decree - Appeal dismissed being not..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Partition suit - Earlier application u/s 5 of the Act filed along with appeal against preliminary decree containing identical assertions rejected by this Court - Rejection of earlier application thus, operates as res judicata - Moreover, there is no explanation of delay in filing appeal -..........
Limitation Act, 1963, Section 3 -- Limitation - For invocation of S.3 of the Act, minimum foundational facts have to be pleaded...........
Limitation Act, 1963, Article 58 -- Limitation - Suit for cancellation of gift deed - Suit filed after lapse of more than 21 years - Cancellation of gift deed or any other declaration has to be made within three years when right to sue first accrues as per Art.58 of the Act - Suit is barred by limitation...........
Arbitration and Conciliation Act, 1996, Section 34(3) -- Arbitral award - Setting aside - Limitation - Condonation of delay - S.34(3) Proviso of the Act, gives discretion to Court to condone delay for sufficient cause, but that discretion cannot be extended beyond period of 30 days, which is made exclusively clear by use of words `but not thereafter', which is mandatory..........
