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...revision application was within time. The respondent claimed that under Section 12(2) of the Limitation Act, he was entitled to exclude in computing the period of limitation for ...revision petition would not stand in the way of the respondent relying upon Section 12(2) of the Limitation Act. The Judge (Revision) thereafter dealt with the merits of the case...the respondent and in doing so placed reliance upon the provisions of Section 12(2) of the Limitation Act, 1963 (Act 36 of 1963) which reads as under:...
...within 12 years and not barred by limitation. The learned Civil Judge by his order dated 8-2-1988 accepted the said contention and held that execution petition was within limitation.2. The le...Petitioner relied upon some judgments in his support. In AIR 1953 Kutch 11, Lalji Kanji v. Bhavan Bhanji it was held that Section 12(2) does not apply to the application for execution proce..., the present provision under Section 12(2) of Limitation Act 1963 is same. The said question was also considered in...
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supply of free copy of the order. Under Section 12(2) of Limitation Act, 1963, the period taken in issuing certified copy ....
DLF INFINITY TOWER TOWER C 10 12 FLOOR
BLOCK 2 BUILDING 3 DLF CYBER CITY
GURGAON HARYANA 122 002
GURUGRAM...limitation. A perusal of the photostate copy of the certified copy of the order dated 28.05.2016 shows that free copy was issued only on 24.08.2016 and the appeal was filed on 08.09.2016. It was well within...
...computing the period of limitation in accordance with sub-section (2) of Section 12 of the Limitation Act, 1963.4. The period ...”i.e one month.6. Sub-section (2) of Section 12 and sub-section (2) of Section 29 of the ...well settled that by virtue of sub-section (2) of Section 29 of the Limitation Act the provisions of Section 12 are applicable for computing the period...
...permitted by Section 12 of the Limitation Act. It is the correctness of this view that is challenged before us.5. Proceeding now to deal with the question whether the...therefore in the first schedule” occurring in the opening part of Section 29(2), the exclusion of time provided for by Article 12 of the Limitation Act would be permissible in co...a period of limitation of 30 days for preferring such an appeal. Section 29 of Limitation Act attracts, by fiction the provisions of Section 3 thereof to an appeal descr...
...SCC 464, (1977) 1 SCR 683 by a Bench of three learned Judges of this Court was concerned with the question whether Section 12(2) of the Limitation Act, 1963 would be...to be excluded for computing period of limitation for filing revision under Section 10, as per provisions of Section 12 of the Limitation Act. Khanna, J. speaking for th...to which they are not expressly excluded by such special or local law, and there is nothing in the U.P Sales Tax Act expressly excluding the application of Section 12(2) of the Limitation...
...Section 29(2) Limitation Act the operation of Section 12(2) of the Limitation Act is attracted and the time taken by opponen...to the Limitation Act. This, however, does not dispose of completely the objection of the learned counsel for the petitioner that the revision petition was out of time.
Learned counsel fu...to show that when a special or local law falls within section 29(2), then sections 4, 9 to 18 and 22 of the Limitation Act prima facie apply unless "expressly excluded" by the sp...
...certified copy would not attract the Explanation to Section 12 of the Limitation Act when a free copy is statutorily mandated.6.5. Section 420(3) of the Comp...12(2) of the Limitation Act, 1963 (“the Limitation Act”) applies from the date on which the copy of the order is made available and not from the date when such order is passed. T...the Limitation Act would not be attracted in cases where a free copy is mandated by the statute and online copies can be used for filing an appeal. The Explanation to Section 12(2) of the...
.... There is no doubt that the application would be in time, if these two days are deducted. But the learned counsel for the appellant contends that Section 12(2) of the Indian Limitation Act is not...of that order of acquittal....”5. It is contended that the period of 60 days mentioned in Section 417(4) is not a period of limitation within the meaning ...12(2) of the Limitation Act reads as follows:“12(2). In computing the period of limitation for an appeal or an application...
...such copies cannot be allowed under Section 12 of the Limitation Act. This finding of the learned Judge in my opi...required to file with his memorandum of appeal a copy of the decree appealed from, may file a copy obtained by another party; & under Section 12(2) of the Limitation ...person other than the applt. & is then used by the applt. for the purposes of filing an appeal does give to the applt. the right under Section 12(2) of the Limitation ...
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(MILIND RAMESH PHADKE)
JUDGE
10. Sub-Section (2) of Section 12 of the ...the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded".
11. In the light of Section 12 (2) of Limitation Act, 19...Commissioner in passing the order dated 10.12.2013 on merits without considering the application filed by the respondent under Section 5 of Limitation Act.
12. Consequent...
...Gokal Chand Mital, J.:— The following questions have been referred to the Full Bench for its opinion:(1) Whether the benefit of section 12(2) of the ...Sales Tax Act, for the days spent in obtaining the certified copy of the order of the Tribunal against which reference is sought?(2) If the benefit of section 12(...provisions of sections 5 and 12 of the Limitation Act, 1963 (hereinafter called the Limitation Act), would be applicable for appeals, revisions and reference ap...
...not followed and following the decisions in Athani Municipality v. Labour Court, Hubli (4 supra) and Nityanand v. L.J.C. of India (5 supra), it was held that the Limitation Act has got no application for th...29(2) of Limitation Act, Section 5 thereof is applicable to the appeals filed under Section 6-C of E.C. Act, as also the appeals provided und...sub-section (2) of Section 29 of Limitation Act, 1963 makes the Sees. 4 to 24 applicable to any suit, ap...
...knowledge of the impugned order. Section 12 (2) of Limitation Act runs as under: "(2) In computing the period of limitation for an ap...Section 5 of the Limitation Act, // 2 // for condonation of delay in filing appeal. The appeal is belated by 52 d...application filed by // 3 // the appellant (complainant) under Section 5 of the Limitation Act, for condonation of...
..., Annexure 2A, Annexure3 and Annexure4).
4. That as such a period of 37 days (from 20/01/2023 to 25/02/2023) is to be excluded as per provisions under Section 12(2) of ...provisions under Section 12(2) of Limitation Act,
1963.
14. A perusal of record shows that the certified copies ..., we deem it appropriate to refer to Section 12 of The Limitation Act, 1963, which is as follows:
"12. Exclusion of time in legal proceedings.—...
...position, we do not think it necessary to deal with the several decisions cited before us relating to the interpretation of sub-section (2) of Section 29 of the Limitation Act....counsel for the appellant brought to our notice a decision of this Court holding that the provisions of Section 12(2) of the Limitation Act, 1908 are applicable to an appeal unde...129, AIR 1964 SC 1099. It is also brought to our notice that certain High Courts have taken the view that both Section 5 and Section 12(2)...
...section 29 of the Limitation Act applies to revision applications under the Bengal Finance (Sales Tax) ..., so as to make it applicable to revision, which is not a proceeding mentioned in that section.(c) Whether apart from sections 29 and 12(2) of the Limitation Act...behalf of the State it is said that though by virtue of section 29, the provisions of section 12 of the ...
...copy on 15.06.2022. Under Section 12(2) of Limitation Act, 1963, the requisite period for obtaining certified copy of the order for filing an appeal is to be excluded for computing the ...expiry of period of 30 days of limitation for filing an appeal. When application for obtaining certified copy of the order is applied after the period of limitation, Appellant is not enti... limitation period run for appeals filed under the IBC; and"
9. Hon'ble Supreme Court after noticing the provision of Rule 22(2) of the NCLAT Rules, 2016, ...
...copy on 15.06.2022. Under Section 12(2) of Limitation Act, 1963, the requisite period for obtaining certified copy of the order for filing an appeal is to be excluded for computing the ...expiry of period of 30 days of limitation for filing an appeal. When application for obtaining certified copy of the order is applied after the period of limitation, Appellant is not enti... limitation period run for appeals filed under the IBC; and"
9. Hon'ble Supreme Court after noticing the provision of Rule 22(2) of the NCLAT Rules, 2016, ...
...section 12 of the Limitation Act is not applicable to an application under section 18(1) ...Land Acquisition Act, which is a special law, prescribes for an application under section 18 a special period of limitation differ...therefore attract the application of sub-section (2) of section 12 of the Limitation ...