Hindu Marriage Act, 1955, Section 13(1)(1a), 13(1)(1b) -- Divorce - Appeal by wife after expiry of limitation - In the meantime husband married and begetting a child - No useful purpose will be served even if decree is set aside as it is not possible for wife to live with husband in such a scenario nor it will be conducive to the upbringing of her child - Decree affirmed -..........
Civil Procedure Code, 1908, Order 21, Limitation Act, 1963, Section 5 -- Applicability of Sec. 5 of Limitation Act to execution proceedings - Suit for recovery decreed - Execution - Property of judgment debtor attached and auctioned - No objections filed by judgment debtor - Sale confirmed and sale certificate issued - Application for delivery of possession - Objection by..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Declares the rights and liabilities of the parties - In a given case a decree may be both preliminary and final - There can be more than one final decrees - A decree may be partly preliminary and partly final - Final decree proceedings may be initiated at any point of time - No limitation is provided..........
Negotiable Instruments Act, 1881, Section 138, 142(b), Limitation Act, 1963, Section 5 -- Dishonour of cheque - Complaint - Limitation - Filing of complaint after period of limitation - It is open to Court to take cognizance of complaint made after prescribed period, if complainant satisfies Court that he had sufficient cause for not making complaint within prescribed..........
Civil Procedure Code, 1908, Section 2(2), Order 20, Rule 18 -- Final decree - Proceeding may be initiated at any time - No limitation for initiation of final decree proceeding - Only final decree proceedings executable...........
Family Courts Act, 1984, Section 19, Limitation Act, 1963, Section 5 -- Delay of 62 days in preferring appeal against order u/s 19 of Family Courts Act - Section 5 Limitation Act is applicable - Delay condoned subject to payment of costs of Rs.10, 000/-...........
Limitation Act, 1963, Article 59 -- Suit for declaration & possession - Prayer for cancellation of registered sale deeds executed by father -Limitation is 3 years not 12 years...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Machine purchased in the year 10/2001 - Machine went down in March, 2003 and OP replaced certain parts and rendered the service in removing certain defects - Machine again went down from 06.11.2004 - Complaint filed in the year 2006 held to be within limitation...........
Limitation Act, 1963, Section 22 -- Continuing wrong - Once the period begins to run it does not stop except where the provision of Section 22 Limitation Act applies...........
Limitation Act, 1963, Section 22 -- Continuing wrong - Tort feasor - When a right of way is claimed whether public or private over a certain land over which the tort feasor has no right of possession, the breaches would be continuing one...........
