Object of law of limitation
Rajender Singh v. Santa Singh 1973 2 SCC 705 has observed: (SCC p. 712, para 18) “18. The object of law ...
Tag: Limitation
Policy of the Limitation Acts
Halsbury's Laws of England, 4th Edn., Vol. 28, p. 266, Para 605, the policy of the Limitation Acts is laid ...
P.K.Palanisamy v. N.Arumugham, 2009 PLRonline 0006
Supreme Court Of India Before: JUSTICE S.B. SINHA and JUSTICE DEEPAK VERMA P.K.Palanisamy v. N.Arumugham Civil Appeal No. 4643 Of ...
Limitation – If a claimant is aware of the violation of his rights and does not claim his remedies, such inaction or conduct tantamounts a waiver of the right.
If a claimant is aware of the violation of his rights and does not claim his remedies, such inaction or ...
A distinction must be made between a case where the delay is inordinate and a case where the delay is of few days and whereas in the former case the consideration of prejudice to the other side
Limitation Act S. 5, Sufficient Cause - Limitation A distinction must be made between a case where the delay is ...
‘Sufficient cause’ has to receive liberal construction, it must squarely fall within the concept of reasonable time and proper conduct of the party concerned.
Limitation Act S. 5, Sufficient Cause - Limitation '25. We may state that even if the term 'sufficient cause' has ...
Sufficient Cause – Limitation – No straitjacket formula is prescribed
Limitation Act S. 5, Sufficient Cause - Limitation While considering an application for condonation of delay no straitjacket formula is ...
Limitation – Justifiably advocated adoption of liberal approach in condoning the delay of short duration and a stricter approach where the delay is inordinate
Limitation Act S. 5, Sufficient Cause - Limitation The courts are bestowed with the power to condone the delay, if ...
Limitation – Adoption of strict standard of proof sometimes fails to protect public justice and it may result in public mischief
Limitation Act S. 5, Sufficient Cause - Limitation Adoption of strict standard of proof sometimes fails to protect public justice ...
Limitation – Fraud – If such an interpolated order is allowed to stand, there would be failure of justice
Limitation Act S. 5, Fraud Court was dealing with a fact- situation where the interim order passed by the court ...
Limitation – Expression ‘sufficient cause’ in Section 5 must receive a liberal construction so as to advance substantial justice and generally delays in preferring appeals are required to be condoned in the interest of justice
Limitation Act S. 5, Sufficient Cause - Limitation 'The contours of the area of discretion of the courts in the ...
Limitation – Sufficient cause
Limitation Act S. 5, Sufficient Cause - Limitation A two-Judge Bench observed that the legislature has conferred power to condone ...
Limitation – Courts have no power to extend the period of limitation on equitable grounds
Llaw of limitation may harshly effect a particular party but it has to be applied with all its rigor when ...