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...........
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..........
