Civil Procedure Code, 1908, Section 44A, 13 -- Execution - Foreign decree - Party filing petition for execution of a foreign decree must also necessarily file a written application in terms of O.21.R.11(2) CPC - Without such an application it will be impossible for Court to execute decree - Such application for executing a foreign decree will be an application not covered..........
Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Section 5, 14 -- Recovery of amount due - Condonation of delay - Court receiver was permitted to sell property - Application U.O.21.R.90 CPC set aside - S.5 of Limitation Act which deals with extension of time or condonation of delay is not applicable to proceedings U.O.21.R.90 CPC - Therefore, delay, if..........
Consumer Protection Act, 1986, Section 13(2)(a)(b) -- Complaint - Commencing period of limitation of 30 days, would be from date of receipt of notice accompanied by a copy of complaint and not merely receipt of notice of complaint...........
Consumer Protection Act, 1986, Section 13(2)(a)(b) -- Complaint - Commencing period of limitation of 30 days - Objection of not having received a copy of complaint along with notice should be raised on first date itself and not thereafter, otherwise, if permitted to be raised at any point later would defeat very purpose of Act, which is to be provide simple and speedy..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Decree passed by DRT - Suit challenging decree filed after seven years of passing the decree - Knowledge of passing decree alleged to be six months back - Nothing averred when and how plaintiff came to now about the judgment and decree passed by DRT - Only with a view to get out of the law of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Plea of nullity of marriage - Re-marriage performed during pendency of appeal filed against decree of divorce - However, in the instant case re-marriage is not nullity as appeal from decree of divorce was filed after expiry of limitation to file appeal - Marriage contracted during pendency of an appeal from a..........
Electricity Act, 2003, Section 56(1), 56(2) -- Electricity dues - Non payment - Disconnection of electricity connection - S.56(1) of the Act confers a statutory right to the licensee company to disconnect the supply of electricity, if the consumer neglects to pay the electricity dues - This statutory right is subject to the period of limitation of two years provided by..........
Electricity Act, 2003, Section 56(2) -- Electricity dues - Non payment - Disconnection of electricity connection - Limitation of two years - Commences from the date on which the electricity charges become `first due'...........
Electricity Act, 2003, Section 56(2) -- Electricity dues - Non payment - Disconnection of electricity connection - Provision of S.56(2) of the Act restricts the right of licensee to disconnect electricity supply due to non payment of dues after the period of limitation of two years has expired - However, it does not preclude the licensee company from raising a..........
Electricity Act, 2003, Section 56(2) -- Electricity dues - Non payment - Provision of S.56(2) of the Act does not preclude the licensee company from raising an additional or supplementary demand after the expiry of limitation period u/s 56(2) of the Act in the case of mistake or bona fide error - However, it does not empower the licensee company to take recourse to the..........
