Limitation Act, 1963, Section 14 -- Applicability of the provision - Conditions to be satisfied are : (1) Both the prior and subsequent proceedings are civil proceedings prosecuted by the same party; (2) the prior proceeding had been prosecuted with due diligence and good faith; (3) the failure of the prior proceeding was due to defect of jurisdiction or other cause of..........
Limitation Act, 1963, Section 14 -- `Good faith' - Means `exercise of due care and attention'...........
Limitation Act, 1963, Section 14 -- `Defect of jurisdiction' - Defect must be of such a character as to make it impossible for the Court to entertain the suit or application and to decide it on merits - Provision does not apply when suit is dismissed after adjudication on its merits and not because the Court was unable to entertain it...........
Limitation Act, 1963, Section 14 -- `Good faith' - Finding as to - The finding as to good faith or the absence of it is a finding of fact...........
Limitation Act, 1963, Section 14, Civil Procedure Code, 1908, Order 23, Rule 1, 2 -- Exclusion of time - Non joinder of necessary parties - Objection taken at initial stage - Despite that suit proceeded without impleading necessary parties - It cannot be said that plaintiff acted in good faith taking due care and attention hence not entitled to benefit of S.14 of..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Housing - Allotment of the house took place in 1982 - Legal notice served in the year 1991 - Complaint filed in the year 2002 - Complaint entertained by the Commission on the ground that the matter remained under investigation - Complainant was called for recording his statement in connection with the enquiry -..........
Appeal -- Right of one appeal - Should always be available to a litigant especially when delay not extraordinary and satisfactory explanation tendered - Limitation Act, Section 5...........
Limitation Act, 1963, Section 5 -- Period of 30 days for filing appeal - Pronouncement of order in the presence of appellant - Contradiction between recording of presence in certified copy of order as well as interlocutory order - Appellant must have acquired knowledge of order when received a notice calling upon him to deposit deficit amount - Limitation for filing appeal..........
Limitation Act, 1963, Section 5 -- Condonation of delay in filing appeal - Liberal approach has to be followed - Court should not proceed with the tendency of finding fault with the cause shown and reject the petition - Acceptance of explanation furnished should be the rule and refusal an exception...........
Criminal Procedure Code, 1973, Section 468 -- Haryana Development and Regulation of Urban Areas Act, 1975, Sections 3(i) and 10 - Cognizance of offences - Limitation - Quashing of FIR - FIR registered on 8.11.1983 for violation of provisions of Clause (i) of Section 3 of the 1975 Act - Challan submitted on 11.11.1986 - Delay not explained - Continuation of proceedings..........
