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 own finding. “9. It is axiomatic that condonation of delay is a matter of discretion of the court. Section 5 of the Limitation… Read More What is sufficient cause
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.… Read More Calcutta High Court clarified the meaning “time requisite” in Section 12(2) of the Limitation Act for Certified Copy
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.… Read More How to compute Limitation for filing appeal if applied for Certified Copy of the order
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 the remedy, but does not destroy the right which the remedy relates to. The right to the debt continues to exist notwithstanding the… Read More Punjab National Bank and others Versus Surendra Prasad Sinha [ALL SC 1992 APRIL]
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 the Limitation Act, 1963, Section 5 would be available to the applicant and if he can show that he had sufficient cause for… Read More Mangu Ram AND OTHERS Versus Municipal Corporation of Delhi [ALL SC 1975 OCTOBER ]
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. Consolidated Engineering Enterprises Appellant Versus Principal Secretary, (Irrigation Department) and OTHERS Respondent WITH Hatti Gold Mines Co. Ltd. Appellant Versus Vinay Heavy Equipments… Read More M/s. Consolidated Engineering Enterprises Versus Principal Secretary, (Irrigation Department) and OTHERS [ ALL SC 2008 APRIL]
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 complaint must disclose relevant material ingredients of Sections 405, 406, 420 read with Section 34 IPC. If there is a flavour of civil… Read More If there is huge delay and in order to avoid the period of limitation, it cannot be resorted to a criminal proceeding.
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 in State of Goa v. Western Builders (supra) in the context of the provisions contained in Arbitration and Conciliation Act, 1996. The Bench… Read More 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.
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 under Section 34 of the Arbitration and Conciliation Act, 1996. The two-Judge Bench referred to earlier decisions in Vidyacharan Shukla v. Khubchand Baghel,… Read More 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.
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 True False Cannot be said Not a subject matter of limitation act The Limitation Act, 1963 applies to proceedings before courts Suit before… Read More OBJECTIVE SAMPLE QUESTIONS ON LIMITATION ACT, 1963