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...2008 and thereby, the suit is within the Limitation period from date of knowledge of the alleged fraudulent document.5. The learned Judge deliberately omitted to note t..., before the Sub-Registrar's Office, T. Nagar is sham and nominal and not binding on them and for cancellation of the said document and for a permanent injunction restraining the defendants from...respondents from alienating or dealing with the suit property and from interfering with their peaceful possession and enjoyment of the suit property.2. This Court, by its order dated...
...expressed some doubt as to whether the respondents were entitled to count the period of limitation from the date of knowledge but he held that even if they were entitled to do so, their ...knowledge must be taken to be December 24, 1954 on which date they made an application for interim payment and the application for reference having been made more than six months from the date of ...receipt of the notice from the Collector under Section 12, sub-section (2), or within six months from the date of the Collector's award, whichever period shall first expire...
...one year and four months from the date of the order of extension. The State Government condoned the delay in filing the revision on the ground that the revision was filed within the period of ...the appellant on the ground that auction would subserve public interest by fetching higher royalty to the State Government and further, because the period of three years calculated from the date of...Budh Nagar granted the said lease to the appellant. The lease was executed for a period of one year w.e.f 3-6-1998. Before the expiry of the term of the lease, the appellant sought for a renewal for...
...view of the judgment of the Hon'ble the Apex Court, on account of negligence of the advocate, the party cannot be made to suffer’. The learned Judge held that, ‘the period of limitation i...in law. His point of view that period of limitation will start not from the date of the order, but from the date of knowledge of that order to....The settled law is that the period of limitation starts from the date of the order and date of knowledge of that order to the party may be a goo...
...Judge is strictly in accordance with law”.He would hence submit that it is the date of knowledge of the decision that was relevant. Hence, even though the statute prescribed a period ...date of knowledge and the period of limitation has to be construed from the date of knowledge. Hence, the Counsel would submit that...respondent's Counsel is to be accepted, the appeal would have to be filed within 90 days, which is the prescribed period of limitation from the date of knowledge. Even if so construed, th...
...of the State of Punjab.4. The only controversy in this case as to whether the period of limitation of six months would start running from the date of ...., by holding that the period of Limitation will start running from the date of knowledge in those cases where the Land Acquisition Collector had not given the award in the presence ...six months from the date of the announcement of the award.3. I have heard Mr. L.S Wssu, learned counsel for the petitioner and Mr. P. Nipun Mittal, learned counsel appearing on behalf...
...consideration in this case and the question is whether for computing the period of limitation for filing an appeal, the date of knowledge of the passing of the decree is relevant...in the High Court or in any other Court, the period of limitation of 90 days or 30 days, as the case may be, begins to run from the date of the decree. It is a very, very clear and unambi...District Judge, therefore, was absolutely incorrect in his adopting the view that because the period of limitation begins to run from the date of the knowledge and not from the ...
...Ext.P3 shall be entitled to compute the period of limitation from the date of his knowledge of Ext.P3This writ petition is there...the rights of the petitioner to challenge Ext.P3 before the Tribunal for Local Self Government Institutions, Thiruvananthapuram computing the period of limitation from the date ...JUDGMENTThe petitioner has filed this writ petition seeking the following reliefs:“i) to call for the records leading to Ext.P3 decision of...
...appellants. In these circumstances, he held that the application under Section 18 of the Act was within time. In sum and substance, the Assistant Judge computed the period of limitation from the ...the period of six months from the date of declaration of the award; the same was barred by limitation. Hence, the High Court allowed the appeals preferred by the State of Gujarat..., held that the limitation prescribed under the latter part of Section 18(2)(b) applied in the case and held that the application under Section 18 ought to have been filed within six months from the date...
...Court below has gone into the merits of the pleadings sought to be amended. If it is found that the plaintiffs-petitioners did not challenge the gift deed dated 22.2.1985 within the period of limitation ....3. Counsel for the petitioners submitted that the prayer for amendment was made on behalf of the petitioners after certain facts came to the knowledge of the petitioners from written...R.K Merathia, J.:— Heard.2. This writ petition has been filed against the order dated 20.2.2009, passed by Sub-Judge 1 at Hazarigbagh in T (Partition) Suit No. 75 of 2008...
...within the limitation period from the date of knowledge. It is a fact that order was passed by the Divisional Canal Officer on 05.10.2000 The order of the Divisional Canal Officer was con...petitioner on 12.10.2000 The appeal was filed on 15.11.2000 There is only 04 days delay in filing the appeal if taken from the receipt of order and no delay, if taken from the date of knowledge. I...outlet from RD 28050-L to 28030-L. the said application of respondent No. 5 and others was allowed by the Divisional Canal Officer, Fatehabad, vide order dated 05.10.2000 (Annexure P/1). Thereafter...
...the Apex Court accepted about the knowledge of the ex parte decree giving the benefit under article 123 of the Limitation Act, 1963 of the limitation period from date ...date of filing of the said application for setting aside the ex parte decree was beyond the period of 30 days from the date of decree, i.e., 2.1.2020 as per article 123 ...stipulates a period of thirty (30) days for setting aside a decree passed ex parte from the date of decree or where the summons or notice was not duly served then when the applicant had knowledge ...
...Counsel appearing on behalf of the respondents, on the other hand, would contend that Section 19-B of the Act being a special provision, the period of limitation would start from the date...of the State of Tamil Nadu came to know of the execution of the deeds of sale dated 1-2-1990 only on 30-3-1996. They could have initiated a proceeding, if any, within a period of two year...State advisedly used the words “four years” from the date of registration. Only at a later stage, wisdom dawned on them that they may not be able to find out the evasion of stamp duty within the aforementioned ...
.... Thereafter, the appellant have filed the present appeal on 15 March, 2018, within the limitation period from the date of knowledge. Further, the said Mr. Ramkrishna Pandey was not authorized pe...) has been suffering from neurological problems, including loss of memory and thus appellant could know about the impugned order only on 20 February, 2018 when he meets Shri Ramkrishna Pandey...had shifted from Garhwara Bazar, Pratapgarh to Rudrapur, Uttarakhand sometime in June/July, 2017 and they had taken fresh registration under the Service Tax provisions at Udham Singh Nagar...
...the petitioner by order dated 13.9.1993 The maximum sentence provided under Section 188 of the Indian Penal Code is imprisonment for six months with fine. The period of limitation is one ...complainant after one year under Section 188 I.P.C, suffers from limitation under the provision of section 468 of the Code. The period of ..., in the P.S Case No. 13 of 1993 (A).3. Learned counsel for the petitioner has submitted that this case is barred by, limitation under section 468 of the Code of Criminal Procedure, in...
...grossly erred in over-looking this material aspect of the matter, in question; secondly, that since the lease, in question was granted for charitable purpose, the limitation of 3-½ acres for the grant of the same, ...parties, concerned as well as evaluating the evidence, on rec ord.6. It is also not out of place to mention here that this review petition is barred by limitation, as the same has been...section 5 of the Limitation Act, for the condonation of delay, has either been filed along with the same and therefore, I, in the facts and ...
...the learned Sessions Judge raised the objection regarding limitation contending that the said Criminal Revision Application was filed after the lapse of period of limitation and said objection was placed b.... In the said context, it is the contention of the petitioner that if the days required for obtaining the certified copy are excluded, Criminal Revision Application was filed within the period of limitation ...Gauhati University v. Niharlal Bhattacharjee., reported at 1995 (6) SCC 731, and contended that where the summons or notice of the suit was not duly served, the period ...
...enhanced. In the present case as well as in the decisions on which reliance has been placed by the learned advocate for the respondent, the Tribunal has introduced a novel concept of date of knowledge and has impor...circumstances, the impugned order of the Tribunal whereby it has been held that the show cause notice issued beyond the period of six months from the date of knowledge is barred by ...stand duly satisfied. It is submitted that the Tribunal has imported the concept of knowledge and a limitation of six months from the date of knowledge into section 11A ...
...not having been filed within the time prescribed therefor under Article 123 of Limitation Act. Article 123 of the Limitation Act provides a period of limitation...opposite party relies upon second part of this article for the purpose of saving limitation and argues that as the summons was not duly served the period of limitation is to be computed ...purpose of Article 123 of the Limitation Act the period is to run in the present case, from the date of knowledge of the defendant as to passi...
...contended that the period of limitation under Section 12(4) of the Act was to be reckoned from the date of service of the order on the person aggrieved and the manner of..., even on sufficient cause being shown, after the expiry of 60 days from the date of service of the order to be impugned. Hence these appeals.3. Mr Salve for the appellants...ground that the appeals were filed beyond the period of 60 days, as contemplated by the proviso to Section 12(4) of the Act and that the Act did not vest any power in the Tribunal to condone any delay...