...Section 29(2) cannot be construed as meaning that schedule 1 must also positively prescribe the period of limitation. Such a construction would not be in accordance with the intention of the Legislature and...points that were urged before us on either side which require to be considered and all of them turn on the proper construction of Section 29(2) of the Indian Limitation Act which we shall for...convenience set out here:“29. (2) where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed...

...as the present one regulating period of limitation must receive strict construction. Law of limitation is intended to give certainty and finality to legal proceedings and to avoid exposure to risk of...time under Section 149 of the Act, for which in the relevant periods maximum limitation period of four years or seven years was prescribed depending upon the quantum of liability towards tax...mentioned in the said section for initiating reassessment proceedings. Section 150(1) states that the period of limitation prescribed in Section 149 is not applicable, if the reassessment is proposed on...

...October 1, 1955 was beyond the period of 6 months and therefore barred by limitation. We find considerable difficulty in accepting this construction of sub-clause (b) of Section 11...because according to him if such a construction were to be accepted it would amount to giving the fresh period of limitation to a tenant of the premises on the change of the landlord of the premises...period of limitation is not thwarted by this construction because if the tenant of the premises let out to him wants to question the standard rent he must do it expeditiously within a period of 6...

...provisions of the Consumer Protection Act, 1986 and in view of the different rulings regarding strict construction of limitation period. [4] We find...

...filed within the period of limitation cannot be made infructuous by an act of the court which will cause prejudice to the complainant. Such a construction will be against the maxim actus curiae neminem...that for the purpose of computing the period of limitation, the relevant date is the date of filing of the complaint or initiating criminal proceedings and not the date of taking cognizance by a...apparent conflict on the question whether for the purpose of computing the period of limitation under Section 468 of the Code of Criminal Procedure, 1973 (for short “CrPC”) in respect of a criminal...

...of limitation. If the date of cognizance is taken as the date for determining the period of limitation, it would be penalising the party for no fault of his. Such a construction cannot be placed on...find place in the Code of Criminal Procedure, 1898 (the old Code). This Chapter prescribes period of limitation for taking cognizance of certain offences. Section 467 is a “dictionary” provision and...defines the phrase “period of limitation” to mean the period specified in Section 468 for taking cognizance of an offence. Sub-section (1) of Section 468 bars a court from taking cognizance of certain...

...Commissioner's order but did not act properly in directing him to dispose of the case afresh under Section 33-B(1) because the period of limitation of two years prescribed under Section 33-B(2)(b) for him to act...assessee of being heard before revising it. Sub-section (2)(b) prescribes a period of limitation in negative words by providing that “no order shall be made under sub-section (1) after the expiry of...dispose of the case afresh can be given to the Commissioner by the Appellate Tribunal when the period of limitation prescribed under sub-section (2)(b) has expired? In other words, whether sub-section (2...

...12(2) of the Limitation Act, if the appellant had applied for a certified copy within the prescribed period of limitation under Section 61(2) IBC. The construction of the law does not import the...limitation from running. Accepting such a construction will upset the timely framework of IBC. The litigant has to file its appeal within thirty days, which can be extended up to a period of fifteen...period for appeals to be thirty days, extendable by fifteen days, to hold that the appeal filed under Section 61(1) was barred by limitation. It noted that the statutory time-limit of thirty days had...

...S. Radhakrishnan v. Government Of Tamil Nadu, 1994 W.L.R 365, wherein it was mentioned that for a notice to demolish unauthorised construction, the limitation...period is three years from construction within which it should be issued and issue of notice beyond the period is illegal. Thus, the contention of the respondents/plaintiffs is that first of all, the...was framed:“When application to regularise unauthorised construction has been refused by an order dated 5.4.1988, and there was not even a further appeal to the Government, are the Courts...

...respondent Company.2. The issue which has arisen for our consideration is as to whether the period of limitation for filing the petition under Section 34 would commence from the.... Thus, the period of limitation starts running from the same date. Accordingly, the period of limitation of three months starts from 27-4-2018 i.e. the date on which the appellant received the arbitral...' which expired on 26-8-2018.16.2. The dissenting opinion of the minority member was not an award for the purposes of computing the limitation period prescribed under sub...

...the basis of encroachment or illegal construction period of limitation is to be reckoned than no complaint will ever be time barred, if it is filed within a period of two years from the alleged...maintainable particularly when municipal authority has not been impleaded as a party in the proceeding and complaint cannot be treated within limitation on the basis of illegal construction. If on...act and rules. The complainant has prayed for passing an order directing the OP to provide fire fighting arrangement including construction of underground water reservoir having capacity of 50000 litres...

...inconsistent with s. 3 (2) which seems to insist on suits being instituted within the period of limitation. A construction that would make one section of the act inconsistent with another has to be avoided; and...institution of suits on debts before they are barred by limitation as has been held in adhrumankutty v. Chovvara 1963 klt. 306; and s. 20 of the act extends the period of limitation only for applications for...execution of decrees. The absence of any provision in the act extending the period of limitation for any suit appears conspicuous. If the promissory note has, By virtue of s. 4 of the act, Become one...

...the principle of construction. It is further reiterated that a strained construction to give a more favourable limitation period is to be avoided — considerations of equity were out of place in...involved in this appeal is what is the period of limitation for the recovery of possession of the demised premises. The premises in question is located on the Municipal Street No. 16 in Fanaswadi area of...period of limitation and the third column deals with time from which period begins to run. Articles 66 and 67 read as follows:66. For possession of immovable property...

...construction accepted by the High Court led to the anomalous position of the Legislature prescribing a shorter period of limitation in the case of tax-evaders during the war years and no period of...without any bar of limitation. [390 C-F] (ii)Sub-Section (1A) does not really prescribe any period of limitation. It enables the Income-tax Officer to take proceedings within a particular time, though...the period of limitation had expired. It conferred a special power on the Income-tax Officer which expired on April 1, 1956. The non- obstante clause in sub-s. (1A) indicates that it was enacted to...

...no period of limitation must receive a liberal and broader construction and not a rigid or a narrow one. The intent and purport of Parliament enacting the said Act furthermore must be given its full...Laxmibai AIR 1930 Nag 206.)34. Even no period of limitation is prescribed in relation to a writ proceeding.35. S.N Variava, J. in A.K...court to recover the money. No period of limitation can apply to any act to be done by a court. Therefore in all such applications the only question which remains is whether on the date of the...

...runs counter to the ordinary canon of construction which one must apply in construing a statute. When a statute speaks of a period of limitation prescribed, it can only mean prescribed by that...amended the sub-section in 1922. As it stands now it provides:—“(2) Where any special or local law prescribes for any suit, appeal or application, a period of limitation different from...period of limitation prescribed for any suit, appeal or application by any special or local law—(a) the provisions contained in section 4, sections 9 to 18, and section...

...4. We also note that the demand in the present case was issued under the category of “Commercial or Industrial Construction Service” invoking extended period of limitation. The show cause...B. Ravichandran, Member (Technical):— The appellants are engaged in providing “Commercial or Industrial Construction Service” mainly to M/s. Madhya Pradesh Power Generating Co. Ltd. The...period involved is 1.4.2004 to 31.12.2008 The service tax liability was sought to be confirmed against the appellant for these services rendered by them. In the present appeal, the appellant is mainly...

...construction. The law of limitation is intended to give certainty and finality to legal proceedings and to avoid exposure to risk of litigation to a litigant for indefinite period on future unforeseen...High Court decided the question of limitation in favour of the Department holding that the period between 24-8-2000 i.e. date on which interim order was passed staying special audit direction under...direction to exclude the period between 24-8-2000 to 15-12-2006 was beyond its jurisdiction. It was alternatively contended before the High Court that the limitation for passing the block assessment having...

...limitation and it provides that unauthorised construction is a continuing offence. Detection of construction is not relevant aspect for computing the period of limitation when the information about the...limitation how the period of limitation will be counted and relevant part of sub. sec. (5) of Sec. 31 reads as under:—“unauthorised construction is a continuing offence, detection of...construction is not relevant aspect for computing the period of limitation. When the information about commission of an offence is given or received, it amounts to be discovery of the offence...

...govern, this court is bound to place a strict construction on the period of limitation stipulated by section 3 of the Act. Any hardship to be caused is totally irrelevant and must be ignored by the...4 of the Act must be strictly construed and the absolute period of limitation prescribed by section 3 of the Act cannot be extended on any legal principle.6. Section 3 of the Act...the circumstances in which that delay occurred. If the Commissioner had no power to condone the delay, this court also cannot exercise that power and extend the period of limitation. On any view, the...