Limitation Act, 1963, Article 54 -- Limitation - Suit for mandatory injunction - Auction sale - Confirmation - Suit filed more than 12 years after auction was conducted - Suit has to be filed within 3 years of auction being conducted in terms of Art.54 of Schedule to Limitation Act - Suit for injunction filed beyond the period of limitation is barred by limitation...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay of 1246 days in filing application U.O.9.R.13 CPC - Address of defendant mentioned different in different documents - Making the defendant to suffer under an ex parte decree passed would be unjustifiable - Substantial justice should be done by giving due opportunity to..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Amendment of decree - Starting point of limitation - If amendment of decree is not in the nature of clerical or arithmetical mistake, date of amendment is the starting point of limitation - Where amendment sought for is only clerical or arithmetical mistake, limitation starts to run from date of original decree..........
Indian Penal Code, 1860, Section 500, Criminal Procedure Code, 1973, Section 469(1)(a) -- Defamation - Limitation - Period of limitation for taking cognizance in an offence u/s 500 IPC is three years from the date of its initiation...........
Consumer Protection Act, 1986, Section 12, 2(e), 24A -- Agreement to sell - Specific performance - Limitation - Cause of action - Limitation to file consumer complaint accrues when vendor failed to execute Deed of Conveyance despite receiving notice from the vendee - Cause of action thus accrued for the purpose of complaint only after the expiry of period of notice...........
Criminal Procedure Code, 1973, Section 473 -- Extension of limitation - S.473 Cr.P.C cannot have any application, after cognizance was taken on a time barred complaint - Provision of S.473 Cr.P.C has to be invoked at pre-cognizance stage and once cognizance is taken, Court cannot go back to condone delay to save period of limitation...........
Criminal Procedure Code, 1973, Section 469 -- Limitation - Date of commission of offence with respect to S.469 Cr.P.C, to reckon the commencement of period of limitation is where commission of offence was not known to person aggrieved by offence, or to any police officer, first day on which such offence comes to knowledge of such person or to any person officer whichever..........
Criminal Procedure Code, 1973, Section 469(1)(b), Drugs and Cosmetics Act, 1940, Section 32, 18(a)(i), 27(d) -- Limitation - Offence u/ss 32, 18(a)(i), 27(d) of D&C Act - Period of limitation for filing complaint is three years from date of commission of offence as per S.468(2)(c) Cr.P.C - Complaint filed three years after receiving Government Analyst Report is barred by..........
Stamp Act, 1899, Section 18, 3 -- Validation of GPA - Limitation period - GPA presented for validation after expiry of time given in S.18 of the Act - Document was executed at Canada was not stamped with Indian non-judicial stamp - Petitioner was unable to produce documents within prescribed time due to Government imposed lockdown during COVID-19 pandemic - However, in..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A, Limitation Act, 1963, Article 113 -- Amendment of written statement setting up counter claim seeking relief of mandatory injunction - Counter claim sought to be set up after five years of filing of written statement - Suit for mandatory injunction is governed by Article 113..........
