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Shri Victor Albuquerque Vs. Saraswat Co-operative Bank Ltd. and Others

Court : Mumbai

Subject : LimitationCivil

Acts : Indian Limitation Act, 1963 - Sections 5; Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1 and 2

Reported in : 1998(3)ALLMR393; 1998(3)BomCR93

Ramlal and others v. Rewa Coalfields Ltd. : [1962]2SCR762 in all cases falling under section 5 of the Limitation Act, 1963 what the party has to show is as to why he did not file the appeal even on

R.B. Ramlingam Vs. R.B. Bhvaneswari

Court : Supreme Court of India

Subject : Limitation

Acts : Limitation Act, 1963 - Sections 5; Constitution of India - Article 136

Reported in : 2009(3)AWC2443(SC); (2009)IIILLJ7SC; 2009(2)SCALE108; (2009)2SCC689; 2009(2)LC692(SC)

raised by the Court as to whether prosecution of Review Proceedings would be sufficient cause for purposes of Section 5 of the Limitation Act, 1963. This query was raised by the Court because in numerous matters, this Court … Review Application No. 35/07. This application was filed in time prescribed for filing the Review Petition under the Limitation Act, 1963. However, vide Order dated 27.3.2008 the said Review Application No. 85/07 stood rejected. This special leave petition is

A.V.U. Engineers (P) Ltd. Vs. Appellate Deputy Commissioner (Ct), Hyde ...

Court : Andhra Pradesh

Subject : Sales TaxLimitation

Acts : Limitation Act, 1963 - Sections 3, 4 to 24, 29(2) and 29(5); Andhra Pradesh General Sales Tax Act, 1957 - Sections 19; Andhra Pradesh General Sales Tax (Amendment) Act, 1997

Reported in : 2005(2)ALD544; [2005]142STC52(AP)

preferring the appeal within the stipulated period. It is contended that there is no specific exclusion of the Limitation Act, 1963, therefore, the provisions of the Limitation Act are applicable by virtue of Section 29(2) of the said Act. … Authority to condone the delay, without any restriction as was contained under the first proviso, in terms of Section 5 of the Limitation Act. Therefore, the learned Counsel sought to contend that by virtue of the said specific

Nityananda, Vs. Life Insurance Corporation of India and ors.

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 33C(1) and 33C(2); Limitation Act, 1963 - Sections 4 and 5 - Schedule - Article 137

Reported in : AIR1970SC209; [1970(20)FLR153]; 1970LabIC269; (1969)IILLJ711SC; 1970MhLJ439(SC); (1969)2SCC199; [1970]1SCR396

of India under Section 33C(2) of the Industrial Disputes Act, 1947, were barred under Article 137 of the Limitation Act, 1963, insofar as the claim was for period beyond three years. In holding this the Labour Court followed the … application expires on a holiday and the only contingency contemplated is 'when the court is closed'. Again under Section 5 it is only a court which is enabled to admit an application after the prescribed period has expired

Kunhimuhammed Vs. M.K. Khadeeja and anr.

Court : Kerala

Subject : CommercialCriminal

Acts : Negotiable Instruments Act, 1881 - Sections 138 and 142; Limitation Act, 1963 - Sections 5 and 29(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 2 and 473

Reported in : [1998]92CompCas610(Ker)

Section 5 was excluded by reason of Section 29(2)(b) of the Indian Limitation Act, 1908. Since under the Limitation Act, 1963, Section 5 is specifically made applicable by Section 29, Sub-section (2), it can be availed of for the purpose of … 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 not

Uco Bank, Churchgate Branch Through Mr. K. Venkatachalam Vs. Kanji Man ...

Court : Mumbai

Subject : CivilBanking

Acts : Banking Companies Act, 1949; Indian Partnership Act; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002; NPA Act - Sections 2(1), 4(2), 8(1), 10(3), 13, 13(2), 13(3)(A), 13(4), 13(6), 13(8), 13(13), 14, 17, 17(1), 17(2), 17(3), 17(5), 17(7), 19, 31, 34, 35, 36 and 37; Limitation Act, 1963 - Sections 3, 4 to 29, 29(3) and 43(4); Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 4(2) and 13; Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Debts Recovery Tribunal Act - Sections 22 and 24; Security Interest and Recovery of Debts Laws (Amendment) Act, 2004; Arbitration and Conciliation Act, 1996 - Sections 5, 34 and 34(3); Arbitration Act, 1940 - Sections 30 and 53; Arbi

Reported in : 2008(2)ALLMR512; 2008(3)BomCR290; (2008)110BOMLR744; 2008(4)MhLj424

locus to challenge any further action of the bank.18. Mr. Khanavkar further submitted that the provisions of the Limitation Act, 1963 are not applicable to any local or special statutes if the special statute expressly bars the application thereof. … also.27. Mr. Bulchandani submitted that as Sections 4 to 24 become applicable by virtue of Section 29, under Section 5 of the Limitation Act, application before DRT can be admitted after the prescribed period if the applicant satisfies

Sri Sobhanadri Lakshmi Narasimhaswamy Varla Veda Pathasala Vs. Distric ...

Court : Andhra Pradesh

Subject : Limitation

Acts : Limitation Act, 1963 - Sections 5, 14(2) and 29(2); Andhra Pradesh (A.A.) Inams (Abolition and Conversion into Ryotwari) Act, 1956 - Sections 3(4)

Reported in : 2004(4)ALD240; 2004(4)ALT349

is no specific bar imposed not to entertain appeal beyond the period of limitation, and the provisions of Section 5 of the Indian Limitation Act, 1963 are applicable to the proceedings under the Act, and if the delay … the provisions of the Limitation Act.11. A reference may also be made to the provisions of the Indian Limitation Act, 1963. Section 14 of the Limitation Act deals with exclusion of time of proceeding bona fide in Court without jurisdiction.

Gram Panchayat Committee, Potharam (V), Mallial Mandal, Karimnagar Dis ...

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Limitation Act, 1963 - Sections 5; Payment of Wages Act, 1936 - Sections 17

Reported in : 1997(6)ALT112

by aggrieved parties will be computed keeping in view the provisions of Sections 4 - 24 of the Limitation Act, 1963. Such proceedings will attract Section 29(2) of the Limitation Act and consequently Section 5 of the Limitation Act

Commissioner of Agricultural Income-tax Vs. Thalayar Rubber Industries ...

Court : Kerala

Subject : Direct Taxation

Acts : Kerala Agricultural Income-tax Act, 1950 - Sections 16(4), 60(1) and 69; Limitation Act, 1963 - Sections 5, 12(2), 14 and 29(2); Kerala Appellate Tribunal Regulations - Regulations 20(1), 20(2) and 28(2)

Reported in : [1981]131ITR162(Ker)

Advocate-General, the Tribunal has jurisdiction to condone the delay under Section 5 read with Section 29(2) of the Limitation Act, 1963. Section 29(2) of the Limitation Act is extracted below : '29. (2) Where any special or local law prescribes

Commissioner Customs Department Vs. Smt. Nirmala Mitra

Court : Patna

Subject : CustomsLimitation

Acts : Customs Act, 1962 - Sections 130A; Limitation Act, 1963 - Sections 5 and 29(2)

does not admit of the introduction of the principles or the previsions of the law contained in the Limitation Act, 1963. For this proposition reliance is placed on the judgment of the Supreme Court in the matter of K. … 130A, provides a different limitation than what is prescribed under the schedule of the Indian Limitation Act of 1963. Section 3 shall apply as if such period was the period prescribed by the schedule and as there is … whether the High Court is entitled to apply the provisions of Indian Limitation Act specially Section 29(2) and Section 5 to condone the delay, in an application under Section 130A of Indian Customs Act made by the party