Limitation Act, 1963

Execution – Limitation – Filed after 12 years.. [PLRonline 114800]

Limitation Act, S. 5 – Appeal by government – Delay of more than 4 years

Limitation ActS. 5 – Sufficient cause – Substantial justice – Every day’s delay must be explained

Doctrine of merger – Does not make a distinction between an order of reversal, modification or an order of confirmation passed by the appellate authority. [SCeJ 212701]

Home Category CIVIL Limitation Act, 1963

Limitation Act, 1963

CIVIL

Adverse possession – Public use – Adverse possession – In such cases, on the land reserved for public utility, it is desirable that rights should not accrue. [PLRonline 203208]

Adverse possession - Public use - Property dedicated to public use - In the statute of limitation no rights can...

Limitation Act, Art. 58 and 72 – Suit for declaration, mandatory inunction and seeking direction to appellants to initiate and complete acquisition proceedings in respect of plaintiff’s land. (PLRonline 427601)

LogIn to read FULL TEXT/ Download STATE OF HIMACHAL PRADESH v. CHANDERVIR SINGH NEGI, 2023 SCeJ 0116, 2023 PLRonline 427601...

Cr.P.C. First Schedule , Part-II – Where the offence is punishable for imprisonment for three years, the offence shall be cognizable and non-bailable.

Limitation – If a suit is based on multiple causes of action, the period of limitation will begin to run from the date when the right to sue first accrues

Limitation Act, 1963, Art.58 - Limitation - If a suit is based on multiple causes of action, the period...

Limitation Act S. 5, 14 – Acceptance of explanation furnished should be the rule and refusal an exception, when no negligence or inaction or want of bona fides can be imputed to the defaulting party

Limitation Act, 1963 (36 of 1963), Section 5, 14 - The condition precedent for condonation of the delay in filing...

Limitation Act, 1963 (36 of 1963), S. 14(2) – Expression ‘Court’ – Keeping in mind the scope and ambit of proceedings under the IBC before the NCLT/NCLAT, the expression ‘Court’ in Section 14(2) would be deemed to be any forum for a civil proceeding including any Tribunal or any forum under the SARFAESI Act.

Limitation Act, 1963 (36 of 1963), Section 14(2) - Expression ‘Court’ - Keeping in mind the scope and ambit of...

CrPC S. 439 – Bail applications – Victim – It shall be obligatory upon the High Court to provide them a legal aid counsel with adequate experience in criminal law

Limitation – When stakes are high, the explanation should not be rejected by taking a pedantic and hyper technical view of the matter, causing thereby irreparable loss and injury to the party against whom the lis terminates –

Limitation - It is true that a valuable right may accrue to the other party by the law of limitation,...

Service matter – 100% reservation , not permissible.

Limitation Act, S. 14 – The substantive provisions of Sub-sections (1), (2) and (3) of Section 14 do not say that Section 14 can only be invoked on termination of the earlier proceedings, prosecuted in good faith – Section 14 excludes the time spent in proceeding in a wrong forum, which is unable to entertain the proceedings for want of jurisdiction, or other such cause.

Limitation Act, 1963 (36 of 1963), Section 14 – Does not say that Section 14 can only be invoked on...

Limitation Act S. 5 – Merely because sufficient cause has been shown, a party is not entitled to the condonation of delay in question as a matter of right if sufficient cause is not proven – Commercial Courts Act 2015

Banking

IBC S. 238A – Limitation – We see no reason why Section 14 or 18 of the Limitation Act, 1963 should not apply to proceeding under Section 7 or Section 9 of the IBC – Section 238A of the IBC makes the Limitation Act applicable to proceedings in NCLT/NCLAT ‘as far as may be’ and/or in other words, to the extent they may be applied

Insolvency and Banking Code, 2016 (31 of 2016), Section 238A - Another civil proceeding whether in a Court of first...

Limitation Act, 1963 (36 of 1963), Section 5 – Delay – Condonation – Delay can be condoned irrespective of whether there is any formal application, if there are sufficient materials on record disclosing sufficient cause for the delay – Section 5 of the Limitation Act, 1963 does not speak of any application.

Limitation Act, 1963 (36 of 1963), Section 5 – Delay - Condonation - Delay can be condoned irrespective of whether...

Limitation Act, Art. 61 – Usufructual mortgage – Right to redeem has been held to continue till the mortgage money is paid for which there is no time limit.

Limitation Act, Art. 61 - Usufructual mortgage - Right to redeem has been held to continue till the mortgage money...

Mesne Profits – Are to be considered on the basis of evidence led before the Court

CPC

CPC S. 47 – Limitation – Application that period spent by him in prosecuting application for review be deducted for the period of calculating limitation should be deducted is not acceptable

Civil Procedure Code, 1908 (V of 1908) Order 47 – Limitation Act, 1963 (36 of 1963) Section 9 – Once...

Contract – Court is expected to gather the intent of the parties which they had while entering into the contract from the reading of the complete contract.

Limitation – Once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it.

Limitation Act, 1963 (36 of 1963) Section 9 – Clearly provides that where once time has begun to run, no...

NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

IBC

[SC – 29.3.22] Limitation Act 1963 S.18 – IBC S. 8, S.9 – Affect of cheques issued alongwith a covering letter – Failure of the NCLAT as the first appellate authority to look into a very vital aspect vitiates its order. 2022 SCeJ 0416, 2022 PLRonline 1794

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Limitation Act, Section 3 – Second Appeal – Substantial question of law – Plea of limitation could have been taken in the Second Appeal before the High Court only if the issue was raised was a pure question of law

Limitation Act, Section 3 - Second Appeal - Substantial question of law - Plea of limitation could have been taken...

CIVIL

Limitation Act S. 5 – Sufficient cause