...operation of Section 17(1)(c) of the Limitation Act, 1963 (Act 21 of 1963) and that Section 78-B has no application to the facts in this case. In conse...committed error of law in rejecting the claim for refund. We find no force in the contention.3. Section 17(1)(c) of the Limitation Act, ...an application made in that behalf in the civil suit. The Tribunal is the creature of the statute. Therefore, it is not a civil court nor the Limitation Act has application, even though it may be...

...the argument of the petitioners that the period of limitation would begin to run after fraud had been discovered, reference in this context being made to the provision contained in Section 17 of ...the orders passed therein) had been gathered. In these circumstances, reliance of the petitioners on Section 17 of the Limitation Act, 1963 was correct and the ...) of the CPC read with Section 3(1) and Article 128 of the Limitation Act, 1963 read with Section 151 CPC being allowed and the proceedings arising out of the execution application closed...

...Section 17 of the Limitation Act, 1963 has no application whatsoever. We have already indicated that all ...failed to exercise jurisdiction in considering the question of limitation by holding that the provision contained in...Section 17 of the Indian Limitation Act on the ground that Limitation Act, 1963 would have no appli...

.../2020. The Corporate Debtor has placed his reliance on section 17 of the Limitation Act 1963, and thereby contends that, there is no force in the challenge mounted on the point o... Limitation Act. However, a plain reading of section 17 clearly indicates that Operational Creditor case is not covered under any of the clauses of ...Audit is only an indicative report and not a conclusive evidence which has to be further examined. The Hon'ble Apex Court has held that to invoke Section 17 of the Limitation Act discovery of the...

.../2020. The Corporate Debtor has placed his reliance on section 17 of the Limitation Act 1963, and thereby contends that, there is no force in the challenge mounted on the point o... Limitation Act. However, a plain reading of section 17 clearly indicates that Operational Creditor case is not covered under any of the clauses of ...Audit is only an indicative report and not a conclusive evidence which has to be further examined. The Hon'ble Apex Court has held that to invoke Section 17 of the Limitation Act discovery of the...

...clause (c) of sub-section (1) of Section 17 of the Limitation Act, 1963. ...Section 72 of the Contract Act. It was further held that in such cases, period of limitation would be calculated as per the provisi..., since the refund applications were filed by the appellant under Section 11B ibid and entertained by the authorities under the said provisions, as per the ratio laid down by the Honble Supreme Court, the...

...very difficult to accept that there was a fraud practised by the Defendants even by taking the averments made in the Plaint as correct. The plea of so called fraud is very vague. ...Section 17 of the Limitation Act, 1963 is that the fraud nullifies everything. The submission o...Section 17 of the Limitation Act, 1963 will not be available to the Plaintiff.9. Therefore, we con...

...knowledge of it by the appellants in which case the suit would be within time. Counsel further submits that the High Court while rightly discussing that Section 17 of the Limitation .... Section 17(1)(c) of the Limitation Act, 1963, provides that in the case of a suit for relief on the ground of mistake, the period of limitation does not begin to run until the ...appeal, the High Court took the view that Article 113 read with Section 17, and not Article 24, of the Schedule to the Limitation Act, 1963, was applicable; and held tha...

...and then only the suit could be filed. According to learned senior counsel, trial Court erred in applying Section 17(1) of the Limitation Act, 1963 (for short 'Act, ...2nddefendant on 07.01.2009 under Section 17(1)(a) the period of limitation would begin to run from that date and the suit ought to have been filed within one year from 07.01.2009 whereas, suit was filed...Act, 1963, would apply and suit was filed within time. 11. Having regard to the provisions of the Act, 1963, law on the subject and the facts of the case, we are of the...

...reading of section 17 clearly indicates that Operational Creditor case is not covered under any of the clauses of Section 17 of the Limitation Act, ...threshold limit. Before the Adjudicating Authority argument was raised that Applicant was entitled for benefit of extension of limitation on the basis of Section 17 of the Limitation Act...far as the question of limitation goes, the Respondent seeks to take the cover of Forensic Audit Report and has relied on section 17 of the Limitation Act. However, a plain...

...predecessor admitted this appeal by formulating the following substantial questions of law: 1. Are 'Fraud' contained in Section 17 of the Limitation Act, ...Court' different and is defence of limitation applicable in an action against 'Fraud upon Court? 2. Are Section 17 and Article 59 of Schedule 1 of the Limitation ..., much difference to be elicited in between 'fraud' contained in Section 17 of the Limitation Act and 'fraud upon Court', 'fraud upon Court' is much serious. The first substantial question of law...

...matters specified in Section 17.24. Limitation.—The provisions of the Limitation Act, 1963, shall, as far as may be, apply...entitled to exercise, any jurisdiction, powers or authority (except the Supreme Court, and a High Court exercising jurisdiction under Articles 226 and 227 of the Constitution) in relation to the...original)24. Since Section 24 of the RDB Act applies the provisions of the Limitation Act, 1963, to applications filed before the Tribunal, and since Article 136 of...

.... As provided in Section 17 of the Limitation Act, 1963, the period of limitation wou...the fraud. Therefore, the cause of action in favour of the respondent would accrue on 01.09.2008. The respondent, as noted hereinabove, invoked the Arbitration Agreement on 19.02.2013, that is, beyond...Section 17 of the Limitation Act, 1963 and Article 137 of the Schedule thereto.19. Learned senior counsel ...

.... Before analysing the correctness of the decisions arrived at, let us see the settled legal position as to effect of fraud on limitation as prescribed in Section 17 of the Limitation ...Act”. The said provision reads as under:“17.- Effect of fraud or mistake.- (1) Where, in the case of any suit or application for which a period of limitation is...supplied)82. Therefore, for invoking Section 17 of the 1963 Act, two ingredients have to be pleaded and duly proved. One is existence of a fraud and the other is...

...plaintiffs in putting his property as a collateral security to the said loan; therefore, the period of limitation for filing the suit, in terms of Section 17 of the ...the scope of Section 17 of the said Act of 1963, Mr. Saha refers to the decisions of the Hon'ble Supreme Court in the case of ...disposed of. " 14. Section 17 of the said Act of 1963 fixes the starting point of limitation to file a suit or application, cause of action of which is based on the effect of...

...18 of the Limitation Act, 1908. In view of the amendment incorporated in the Limitation Act, 1963 and specially the language in which ...sub-section (1) of Section 17 of the Limitation Act, 1963 is the same as clause (a) of Section 26 of the English Act. There was no corresponding provision like clause (a) of sub-...the shares of the Company and they got knowledge of the same only in May 1987 and in this view of the matter the provisions of Section 17 of the Limitation Act are clearly attracted and the limitation...

...there is negligence i.e. lack of due diligence, the respondent/plaintiff should not be entitled to the benefit of Section 17 of the Limitation Act, 1963. In fact this ...provision of Section 17 of the Limitation Act, 1963 inasmuch as the mistake was such which could not have been d...Section 17 of the Limitation Act, 1963. 11. Learned counsel for the appellant/defendant ...

...Section 17(1)(c) of the Limitation Act, 1963, in case of a mistake, the limitation period begins to run from the date when the mistake is discovered fo.... Section 17(1)(c) of the Limitation Act, 1963, provides that in the case of a suit for relief on the ground of mistake, the period of limitation does...limitation of two years provided by Section 56(2) of the Act, would be applicable to an additional or supplementary demand. 7.1 Prior to the coming into force of the Electricity Act...

...Indian Contract Act. Section 17(1)(c) of the Limitation Act, 1963 provides that where in the case of any suit or application for which a period of limitation is prescrib...as having been established. It is not disputed that if the appellants had filed a suit within the period of limitation the excess amount would have become refundable by virtue of Section 72 of the...the Limitation Act, 1963 which is applicable to this case, a suit for recovery of such excess duty had to be filed within three years from the date of payment to the Department. But the appellants...

...case of fraud played by the first defendant. Their further case is that as per Section 17 of the Limitation Act, 1963, in the case where the suit is based upon the fraud of the d...property of the said Lakshmi Ammal, who is mother of the defendants 2 and 3 and if that being so, after the death of the said Lakshmi Ammal, as per Section 15 of the Hindu Succession Act, the property...it is assumed that the defendants 2 and 3 are bound by their act in releasing their share in the suit property in favour of the first defendant, the same in any event is not binding on the plaintiffs...