Motor Vehicles Act, 1988, Section 166(3) -- Accident - Compensation - Limitation - Claim filed after a period of more than 28 years - Claim petition has to be filed within a reasonable time - Reasonability depends on facts and circumstances of each case - The only expalanton given for the delay was that petitioners are poor person and they have no knowledge about the Law -..........
Criminal Procedure Code, 1973, Section 468 -- Limitation - Compensation - Once compensation is provided to be awarded by following the procedure under Cr.P.C., S.468 Cr.P.C. has no application at all as compensation is not an offence...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22, 23, Criminal Procedure Code, 1973, Section 468 -- Proceedings u/ss 12, 18 to 23 of PWDV Act - Limitation - None of provisions u/ss 12, 18 to 23 of PWDV Act, speak any relief to be granted for any offence much less by way of punishment or by saying as a deemed offence - Question of..........
Hindu Marriage Act, 1955, Section 28(4), 13, Family Courts Act, 1984, Section 19 -- Appeal - Divorce decree or any other decree passed under 1955 Act is appealable u/s 28 of 1955 Act r/w S.19 of 1984 Act - However, period of limitation for filing appeal as provided under 1955 Act being substantive law, would prevail over limitation prescribed in 1984 Act being procedural..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing review petition - Delay occurred due to prosecution of special leave petition before Supreme Court in the earlier round of litigation - Delay condoned...........
Limitation Act, 1963, Section 22 -- Continuing breach of contract - Non-performance of an obligation of opponent based on contract between parties cannot be said to be a continuing breach so that a fresh period of limitation can be said to begin to run at every moment of time during which breach continues - Liability to perform obligation begins when contract is made - At..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Limitation Act, 1963, Article 113 -- Counter claim - Limitation - Counter claim seeking mandatory injunction on the basis of an agreement is governed by ordinary rules of limitation u/art 113 of Limitation Act and accordingly to be filed within three years from the date of accrual of cause of action - Sine counter claim filed..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of gift deed - Limitation is three years which begins to run when fact entitling plaintiff to have the instrument or decree cancelled or set aside or contract rescinded first became known to him - In the instant case factum of entitlement to cancel the gift deed came into the knowledge of plaintiff on..........
Constitution of India, 1950, Article 227 -- Petition u/art 227 of Constitution - No limitation prescribed for filing such application - However, petition to be filed without unreasonably delay - In case there is delay that should be duly and satisfactorily explained...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 243 days in filing appeal by State - No explanation worth the name is offered to condone the delay - Court cannot treat the State differently than a common litigant and even if some leverage is given to State for procedural delays, it would be absurd to stretch the principle to condone unexplained delay..........
