when would the period of limitation for execution of a decree passed in a suit for partition commence. In other words, question is when such a decree becomes enforceable – from the date when the decree is made or when the decree is engrossed on the stamp paper. Which, out of these two, would be the starting point of limitation?
The statute of Limitation was intended to provide a time limit for all suits conceivable. Section 3 of the Limitation Act provides that a suit, appeal or application instituted after the prescribed […]
(1) When a road, constructed by a county, a municipality, or the Department of Transportation, has been maintained or repaired continuously and uninterruptedly for 4 years by the county, municipality, or the Department […]
Suit for compensation – Death occurred due to fall of branch of tree over head of deceased – Liability of Municipal Corporation arise under law of torts – Suit filed within two […]
Time Limit for filing regular Second Appeal in High Court is 90 days from the date of Decree by lower Court
Limitation Act , 1963 116. Under the Code of Civil Procedure,1908 (a) To a High Court from any decree or order; Ninety days The date of the decree or order. (b) To […]
The Supreme Court in N.Balakrishnan v. M.Krishnamurthy [1998(7) SCC 123], observed that the superior Court would be free to consider the cause shown for the delay afresh and to come to its […]
Calcutta High Court clarified the meaning “time requisite” in Section 12(2) of the Limitation Act for Certified Copy
The position has also been made clear by the latest Supreme Court decision on this point in the case of the The Commissioner of Sales Tax, U.P. Vs. Madan Lal Das and Sons, Bareilly, . This decision interpreted Section 12(2) of the Limitation Act 1963 and following its earlier decision in the case of State of Uttar Pradesh Vs. Maharaj Narain and Others, the Supreme Court observed that the expression “time requisite” in Section 12(2) of the Limitation Act cannot be understood as the time absolutely necessary for obtaining the copy of the order.
However, the applicant is entitled to have the period of deduction computed from the date the application for a certified copy of the decree is made, till it is delivered, provided the application is filed within the period prescribed for filing the appeal, and no part of this period is due to any lapse on the part of the applicant, such as failure to supply copying sheets or deposit the cost of a certified copy within the time stipulated and failure to collect a copy on the date fixed for taken delivery of the same, irrespective of the fact whether on the date of filing of the application, the decree was signed or not. The limitation commences from the date of the Judgment and not from the date the decree is signed.
Keywords:- Limitation-Time barred Debt- The rules of limitation are not meant to destroy the rights of the parties. S. 3 of the Limitation Act 36.of 1963, for short “the Act” only bars […]
KEYWORDS:- APPLICATION OF SECTION 5 IN CRIMINAL MATTER- In a case where an application for special leave to appeal from an order of acquittal is filed after the coming into force of […]
M/s. Consolidated Engineering Enterprises Versus Principal Secretary, (Irrigation Department) and OTHERS [ ALL SC 2008 APRIL]
KEYWORDS:- APPLICABILITY OF LIMITATION LAW IN ARBITRATION AIR 2008 SCW 4182 : JT 2008 (6) SC 22 : (2008) 6 SCALE 748 : (2008) 7 SCC 169 (SUPREME COURT OF INDIA) M/s. […]
If there is huge delay and in order to avoid the period of limitation, it cannot be resorted to a criminal proceeding.
Supreme Court in Thermax Ltd. and others Versus K.M. Johny and others [(2011) 11 SCALE 128] The principles enunciated from the above-quoted decisions clearly show that for proceedings under Section 156(3) of the Code, the […]
Whether Section 14 of the limitation Act can be relied upon for excluding the time spent in prosecuting remedy before a wrong forum in the context of the provisions contained in Arbitration and Conciliation Act, 1996.
The question whether Section 14 of the limitation Act can be relied upon for excluding the time spent in prosecuting remedy before a wrong forum was considered by a two Judge Bench […]
Whether Section 5 of the limitation Act can be invoked for condonation of delay in filing an application under Section 34 of the Arbitration and Conciliation Act, 1996.
In Union of India v. Popular Construction Company , Supreme Court considered the question whether Section 5 of the limitation Act can be invoked for condonation of delay in filing an application […]
Write the correct answer amongst the options Application includes Writ Petition Interlocutory application Petition for restoration of suit Above all Suit does not include an appeal or an application in Limitation Act […]
KEYWORDS-LIMITATION- BUT NOT THEREAFTER- DATE:-February 02, 2018- The language of the proviso to Section 421(3) which contains mandatory or peremptory negative language and speaks of a second period not exceeding 45 days, […]
KEYWORDS: Article 227 of the Constitution- supervisory jurisdiction- Limitation- It is well established that it is only when an order of an inferior forum is violative of the fundamental basic principles of justice and […]
What is the period of limitation prescribed for recovery of arrears of house tax due to the Municipal corporation
Facts: Vide letter dated February 14, 1968, the Assistant Assessor and Collector (Recovery Cell) of the Municipal Corporation of Delhi had required the appellant to pay a sum of Rs. 19,558.75 as arrears […]