...that they had committed a mistake in charging excess freight on wrong calculation of distance. The limitation starts running from the date of discovery of mistake and, therefore, stands excluded, by operation of ...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, ...held that the petitioner discovered the mistake committed in paying ‘overcharges’ and the limitation is not saved by operation of Section 17(1)(c) of the Limitation ...

...any other contractor and therefore the appellants had no opportunity to know about it on that very date with reasonable diligence under Section 17 and the High Court ought to allow at least a week for knowledge of .... 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 ...72 of the Indian Contract Act if the appellants had filed a suit within the period of limitation; and that Section 17(1)(c) and Article 113 of the Limitation ...

...,shall be computed from the time when the fraud first became known to the person injuriously affected thereby, or, in the case of the concealed docum...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 provis...18 of the old Limitation Act and this provision has been introduced for the first time as a result of the amendment. All the decisions cited by Mr Chagla have been rendered on Section 18 ...

...matters specified in Section 17.24. Limitation.—The provisions of the Limitation Act, 1963, shall, as far as may be, apply...same.”9. Under Article 136 in the Schedule of the Limitation Act, 1963 the period for applying for execution of any decree is 12 years from ...original)24. Since Section 24 of the RDB Act applies the provisions of the Limitation Act, 1963, to applications filed before ...

...56(2) did not preclude the licensee company from raising an additional or supplementary demand after the expiry of the limitation period under Section 56(2) in the case of a mistake or bo...of a mistake, the limitation period begins to run from the date when the mistake is discovered for the first time. In Mahabir Kishore an...is the meaning to be ascribed to the term first due in Section 56(2) of the Electricity Act, 2003...

...Section 17 of the SARFAESI Act is available to the appellant. In fact, the learned single Judge directed that benefit of ...be extended in case the appellant avails the remedy provided under Section 17 within a period of three weeks from the date of receipt...of the certified copy of the said order. 4. We find no reason to interfere with the impugned order as a remedy of making an application under Section 17 of the SARFAESI ...

...Section 17 of the SARFAESI Act is available to the appellant. In fact, the learned single Judge directed that benefit of ...be extended in case the appellant avails the remedy provided under Section 17 within a period of three weeks from the date of receipt...of the certified copy of the said order. 4. We find no reason to interfere with the impugned order as a remedy of making an application under Section 17 of the SARFAESI ...

...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...there are different periods of limitation prescribed for the institution of different kinds of suits by the Limitation Act, 1963, there is no such period prescribed by law in respect of p...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 a...

...impugned order in revision dated 29 April, 1998, by which grant of lease by order dated 7 November, 1974 was cancelled with consequential directions. We find from impugned order, section 17 in Limitation ...from impugned order that the revision case was started with intention to find out if Government land was settled in the waste land case as not suffering from fraud, misrepresentation and material irregularity of procedure. ...alia, local law prescribing period of limitation. The Act of 1962 is a local law providing for limitation of 14 years in calling into question any settlement made. That period is stands saved and operative...

...1006, (1964) 6 SCR 261, (1964) 15 STC 450 on the question of the period of limitation within which the petition has to be filed.7. Section 17(1)(c) of ...Section 72 of the Contract Act has been held to cover cases of payment of money under a mistake of law, as the State stands in a peculiar position in respect of taxes paid to it, there are perhaps...account of sales tax. The Sales Tax Officer, by his order dated March 17, 1958, forfeited the same under Section 21(4) of the Bombay Sales Tax Act, 1953. On March 28, 1958, the petitioner...

...took the plea of the objection petition being time barred, which has been upheld by the executing court with reference to the provision contained in Section 3(1) of the ...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 ...

...under Section 17(1) of the West Bengal Premises Tenancy Act expired on 17th August, 1969. This application has been made under Section 17(2A) of ...the provisions of Section 17(2B) of the West Bengal Premises Tenancy Act, 1956. Thus, the applicant has relied on...date. S. 17(2B), therefore, lays down a special period of limitation for making applications for leave to pay or deposit rent as required by Section 17(1) of the said Act. According to ...

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....2. Mr. Baldev Singh Jawanda, learned counsel for the appellant, has firstly contended that this appeal is in fact not beyond time as section 17(1)(c) of the ...section 5 of the limitation Act following the consistent view taken by various High Courts that no litigant should be pena...of 1973) in this Court on July 12, 1973, for restoration of the First Appeal from Order. Suri, J. before whom the application came up for motion hearing, dismissed it in limine on August 17, 1973, with...

...filed by the respondents herein, were also disposed of without noticing that the issue raised in the above Writ Petitions is with respect to extension of limitation under Section...JUDGMENT Vinod Chandran, J. The above Writ Appeals are against the judgment of the learned Single Judge in which the proviso introduced to Section 25(1) of Kerala Value Added Tax..., 2003 was found to be not sufficient to extent the period of limitation for issuing notice under Section 25 of the KVAT Act. However, when the batch cases were disposed of, the ...

...ground of fraud, as per Section 17 of the Limitation Act, 1963, period of limitation would not begin to run until the plaintiff has discovered the fraud. As per plaintif...229-B of the Act are substantive proceedings of civil nature and, therefore, they are covered by "other cause of like nature" contained under Section 14 of the Limitation Act. ...& Land Reforms Act, 1950, which were dismissed for want of prosecution and in principle accorded the benefit of Section 14 of Limitation Act, 1963. 6...

...rule for and on behalf of the respondent No.1-State. Heard learned advocates appearing for the respective parties. By this application under section 5 of the Limitation ..., the applicant seeks condonation of delay of 17 days caused in filing the Criminal Revision Application No.608 of 2022 against the judgment and order dated 28.1.2022 passed by... R/CR.MA/11387/2022 ORDER DATED: 27/06/2022 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 11387 of 2022 In R...

...of the applications contemplated under any rule of Order XXI, Code of Civil Procedure would attract Section 5, Limitation Act, 1963.10. It was contended on behalf of the applicant ...Act, 1963 (corresponding to Section 18, Limitation Act, 1908). Section 17, Limitation Act, 1963, insofar as it is material for the present case, re...exemption under the section is available to the petitioner.”17. In Smt. Brajabala Das v. Radha Kamal Das, ...

...Limitation Act. In Birla Cement Works v. G.M, Western Railways (...within that period. It was further urged that Section 5 or the principles contained in Section 5 of the Limitation Act, 1963 would apply to the case on hand to enable ...SCC 5 proceeded on the assumption, keeping in view the authority concerned which was held to be “court” and not a person designata, that the Limitation Act applied in view of ...

...applicability of Section 18 of the 1908 Limitation Act [which is pari materia with Section 17 of the 1963 Limitation Act], the Supreme Court noted that...a suit for rendering accounts. 84.1 The courts below, while rejecting her claim in the new firm, sustained her claim for accounts to the extent of the share of her deceased husband. The objection ...had, in any manner, prevented her from seeking accounts concerning the former firm. In the instant case, the split share certificate were never produced by the Company/Sachdevas till after this Co...