Limitation Act, 1963, Section 14(2), 14(3) -- Expression "or other cause of a like nature" occurring in S.14(2) of the Act need not necessarily have the same connotation as that which one may give to the very same expression appearing in S.14(3) of the Act - It is not the likeness of expression but setting in which expression is found incorporated, which is of greater..........
Civil Procedure Code, 1908, Order 23, Rule 2, Limitation Act, 1963, Section 14(1), (3) -- Limitation - Fresh suit - Provisions of both CPC and Limitation Act provides qua any fresh suit instituted on permission granted U.O.23.R.2 CPC, plaintiff shall be bound by law of limitation in the same manner as if, first suit had not been instituted...........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 14 -- Rejection of plaint - Barred by limitation - Recovery suit - If the time spent by appellant in prosecuting writ remedy i.e. between the date of institution of writ and its withdrawal is excluded, then, suit could not have been dismissed on the ground of limitation - Suit, held, not barred -..........
Limitation Act, 1963, Section 14 -- Exclusion of time spent in wrong forum - It is not necessary to file a separate application explaining circumstances to avail benefit of S.14 of Act - Pleadings offered in the plaint would suffice and the same have to be considered...........
Limitation Act, 1963, Section 14 -- Word `civil proceedings' - Covers proceeding u/art 226 of Constitution praying reliefs concerning civil rights - Wrongful removal, termination, dismissal, discharge from service is infringement of civil rights of a person and when such infringement is called in question in a writ proceeding, it is axiomatic that such a proceeding is a..........
Limitation Act, 1963, Section 14 -- Exemption of time - Seeking remedy in wrong forum - Defendant pursued the testamentary suit in bona fide belief that rights of parties to benefits of estate would also be decided therein - Benefit of S.14 of Act would be available to defendants and they cannot be precluded from filing an independent suit in establishing their claims...........
Limitation Act, 1963, Section 14 -- Exclusion of time - Appellant at no point of time has taken up a plea based on S.14 of Act - However, in an application for condonation of delay appellant contended that he was pursuing remedy before another appellate forum which ought to be excluded - Neither there was any negligence, lapse or inaction nor it was to delay proceedings to..........
Limitation Act, 1963, Section 14 -- Word "Courts" - Limitation Act applies only to suits, appeals and applications if they are filed before Courts and not in quasi-judicial bodies or Tribunals...........
Limitation Act, 1963, Section 14 -- Applicability of S.14 of Act - Provision of S.14 of Act would not apply to appeals filed before a quasi judicial Tribunal such as Collector (Appeals) mentioned in S.128 of Customs Act - Even where S.14 of Act may not apply, principles on which S.14 of Act is based, being principles which advance the cause of justice, would nevertheless..........
Limitation Act, 1963, Section 14 -- Exclusion of time - S.14 of Act, which is based on advancing the cause of justice would certainly apply to exclude time taken in prosecuting proceedings which are bona fide and with due diligence pursued, which ultimately end without a decision on the merits of case - In such case, there is no question of condonation of delay...........
