Limitation Act, 1963, Section 14 -- Scope - There has to be a liberal interpretation to advance cause of justice - It would be applicable in cases of mistaken remedy or selection of a wrong forum - Earlier proceedings and latter proceedings must relate to the same matter in issue - The words "matter in issue" are used u/s 11 of the Code of Civil Procedure...........
Limitation Act, 1963, Section 14 -- Scope - Liberal interpretation should be placed on S.14 of the Act - However, if fact situation exposits absence of good faith of great magnitude, law should not come to the rescue of such a litigant...........
Limitation Act, 1963, Section 14, Arbitration and Conciliation Act, 1996, Section 34(2) -- Applicability of S.14 of 1963 Act - S.14 of Limitation Act, applies to S.34(3) of Arbitration Act...........
Arbitration and Conciliation Act, 1996, Section 34(2), Limitation Act, 1963, Section 14 -- Arbitration award - Objections - Exclusion of time u/s 14 of Limitation Act - Time consumed for pursuing remedy u/s 11 of the Arbitration Act - Filing of an application u/s 11 of Arbitration Act is totally different than to file an application u/s 34(2) of Arbitration Act - One is at..........
Limitation Act, 1963, Section 14 -- Delay in filing recovery suit - Exclusion of time spent in prosecuting in wrong forum - Delay caused due to lack of legal advice from counsel - Petitioner bonafidely and in good faith ventilating her grievance before Consumer forum - Such period before consumer forum is thus excluded from the period of limitation - Delay in filing suit..........
Limitation Act, 1963, Section 5, 14 -- Condonation of delay - Period prior to institution or initiation of abortive proceedings cannot be excluded by relying upon the provision of S.14 of the Act - Period prior would have to be considered in the light of provisions of S.5 of the Act...........
Limitation Act, 1963, Section 5, 14 -- Condonation of delay - Delay of more than five months in filing appeal - Suit for specific performance - Period spent bonafidely in execution proceedings after decreeing the suit is liable to be excluded by relying upon provision of S.14 of the Act - However, period prior to initiation of abortive proceedings remains unexplained -..........
Limitation Act, 1963, Section 14 -- Benefit of S.14 of the Act - Partition suit - Earlier suit was dismissed for reason of award being not registered under Registration Act - Subsequent suit filed for partition of same properties - Both prior and subsequent proceedings are civil proceedings prosecuted by and between the same parties relating to same matter and in the Court..........
Civil Procedure Code, 1908, Order 7, Rule 10A, Limitation Act, 1963, Section 14 -- Return of plaint for presentation in proper Court - When plaintiff presents the plaint in Court in which it should have been instituted, he may get the benefit of S.14 of Limitation Act - However, if plaintiff does not want to claim benefit of S.14 of Limitation Act, he need not present the..........
Limitation Act, 1963, Section 14(1) -- Expression "same matter in issue" in S.14(1) of the Act - Complete identity of relief is not a relevant factor...........
