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Section 5 Of The Limitation Act - Judgment Search Results

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Jun 27 1972 (HC)

Jokkim Fernadez Vs. Amina Kunhi Umma

Court: Kerala

Reported in: AIR1974Ker162

contingency contemplated is 'when the court is closed'. Again under Section 5 it is only a court which is enabled to of the period of limitation under the special law. Section 5 of the Limitation Act is not excluded by any provision period of limitation prescribed by the special laws. Thus the Limitation Act of 1908, Section 29 (2) reads as follows: 'Where for appeal and that therefore the provisions of the Limitation Act are not applicable. This is incorrect. What is required under

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Sep 24 1975 (HC)

Gandharb Misra Vs. State of Orissa

Court: Orissa

Reported in: [1975]36STC466(Orissa)

of Section 29(2) of the new Limitation Act, principles of Section 5 of the Limitation Act are applicable to an appeal has deliberately excluded the application of the principles underlying Sections 5 and 14 of the Limitation Act, except to the extent same terms they can apply only to cases where the Limitation Act prescribes periods of limitation, for, that section speaks of was whether by virtue of Section 29(2) of the Limitation Act Section 5 of that Act was applicable for condoning delay

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Jul 06 2009 (HC)

islamuddIn Vs. Sri Umesh Chandrara Tiwari and anr.

Court: Allahabad

Reported in: 2009(4)AWC3680

preceded by any application.42. Besides, in exercise of powers under Section 27 of the Act, 1971 this Court also has framed initiated by the Court. The question as to whether Section 5 of Act, 1963 would be applicable when an application is as per the Apex Court decision, Section 17 of the Limitation Act will apply to a contempt proceeding in case of if it is to be held that Section 29(2) of Act 1963 makes applicable the provisions of the said Act to

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Apr 29 1981 (HC)

Mehta Construction Company Vs. State of Maharashtra and Another

Court: Mumbai

Reported in: (1981)83BOMLR625; 1981MhLJ835; [1981]48STC398(Bom)

such period.'The words and figures 'the Limitation Act, 1963' in section 59 were substituted for the words and figures 'the Indian contained in sections 4 to 24, which would include section 5, shall apply in so far as and to the extent and specific terms excluded. Section 29, sub-section (2), of the Limitation Act, 1963, enacts in so many terms that for the or local law unless expressly made applicable, under the new Act section 5 applied unless it was expressly excluded by such

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Apr 06 1981 (HC)

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

Court: Kerala

Reported in: [1981]131ITR162(Ker)

Act, 1948, was not a court within the meaning of section 195 of the Code of Criminal Procedure although he is the decision in J.N. Sitrty v. T.S. Chettyar [1928] LR 55 IA 161 ; AIR 1928 PC 103, to hold that 1928 PC 103, to hold that Section 12(2) of the Limitation Act applies even when by a rule of the High were attracted by reason of Section 29(2) of the Limitation Act, 1963. Reference was made to the Privy Council decision in

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Mar 03 1982 (HC)

Mahesh Harilal Khamar Vs. B.N. Narasimhan and anr.

Court: Gujarat

Reported in: AIR1982Guj298; (1982)2GLR124

the said sub-section (1) of Section 3. As stated above, Section 3(1) of the Limitation Act itself provides that its operation proceedings before a Court, the applicability of Ss. 4 and 5 in the form in which they are couched would squarely the entire machinery of Sections 3 to 24 of the Limitation Act that would apply by virtue of Section 29(2) of 5 were made applicable via Section 29(2) of the Limitation Act to the proceedings before the statutory authorities acting under the,

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Jul 04 2007 (HC)

Vardhineedi Sree Devi Vs. Chegondi Ramalakshmi and ors.

Court: Andhra Pradesh

Reported in: 2007(5)ALD720

petition also cannot be extended by taking the aid of Section 5 of Limitation Act.7. In The Commissioner of Sales Tax, it is easy to see that the provisions of Section 5 of the Limitation Act apply to election petitions filed under evidence arises only if the petition under Section 5 of Limitation Act is maintainable in the election petitions filed under the apply to election petitions filed under the A.P. Panchayat Raj Act, the court can decide the question whether Section 5 of

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Sep 09 2005 (HC)

Samarjeet Singh Vs. State of U.P. and ors.

Court: Allahabad

Reported in: 2006(3)AWC2750; [2005(107)FLR1075]

appeal. Feeling aggrieved the petitioner preferred a claim petition under Section 4 of the U.P. Public Services (Tribunal) Act, 1976 (hereinafter of filing a claim petition cannot be extended under Section 5 of Limitation Act as the claim petition is like a reference for which the period of limitation prescribed by the Limitation Act, 1963 is more than one year, a reference under Thus, proviso to Sub-section (6) of Section 4 of the Act allows to entertain the claim petition, where no final order

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Feb 04 1980 (HC)

Nivrutti Nana Waghmare Vs. Narayan Mahadeo Mokal and ors.

Court: Mumbai

Reported in: AIR1980Bom250

independent question. It has no relation to the question whether Section 5 of the Limitation Act applies or not. No reason But even under the Old Act, the provision of Section 5 applied uniformly to all the applications which were made under under the Civil P. C. So far as the present Limitation Act is concerned, the provisions of Section 5 applied in contended that even assuming that Section 5 of the Limitation Act applied no ground was made out for condonation of delay.

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May 02 1975 (HC)

S. Ganapathi Vs. N. Kumaraswami

Court: Chennai

Reported in: AIR1975Mad383; (1975)2MLJ171

A. 353 of 1973 along with the said appeal, under Section 5 of the Limitation Act to condone the delay in be decided in this civil revision petition is whether Section 5 of the Limitation Act is applicable for condoning the delay that such authorities are persona designata and legislation such as Limitation Act applicable to court' cannot be invoked in proceedings before on hand, and under the provisions of the Tamil Nadu Act XVIII of 1960. by notification IT. I. No. 20006 (f)

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