Section 5 of limitation act. Section 5 of the Indian Limitation Act 2022-10-24

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Section 5 of the Limitation Act 1980 is a provision in UK law that sets out the time limits for bringing certain types of civil claims to court. The purpose of the Act is to ensure that legal disputes are dealt with promptly and efficiently, and to prevent stale claims from being brought before the courts.

Under section 5, a claim is generally time-barred if it is not brought within a certain time period. This time period varies depending on the type of claim being brought, but is usually six years for most contractual claims and three years for most tortious claims. There are some exceptions to this general rule, however, and certain types of claims may have longer or shorter time limits.

One important exception to the general time limits set out in section 5 is the "discovery rule," which applies to claims that are based on latent defects or other issues that are not immediately apparent. Under the discovery rule, the time limit for bringing a claim begins to run from the date on which the defect or issue is discovered, rather than from the date of the original incident.

Another exception to the general time limits set out in section 5 is the "long stop" provision, which applies to claims for personal injury or death. Under this provision, a claim for personal injury or death must be brought within three years of the date of the incident, or within three years of the date on which the injury or death was discovered, whichever is later.

In addition to the general time limits set out in section 5, there are also a number of specific time limits for different types of claims, such as claims for professional negligence, fraud, or breach of trust. These time limits are set out in other provisions of the Limitation Act 1980 and may differ from the general time limits set out in section 5.

Overall, section 5 of the Limitation Act 1980 plays a crucial role in regulating the time limits for bringing civil claims to court in the UK. It helps to ensure that legal disputes are dealt with promptly and efficiently, and helps to prevent stale claims from being brought before the courts.

A note on Section 5 of the Limitation Act, 1963

section 5 of limitation act

That there is a delay of about 4 years in challenging the award. Decide whether the delay of one day could should be condoned in these circumstances. . However, since the petitioner has to satisfy the court as regards sufficient cause, it is desirable that he would file a formal application. . ·Between substantial justice and technical considerations, the substantial justice should be preferred before since the other side cannot contend to have a superior right in injustice being done under a bona fide mistake.

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Section 5 of Limitation act for condonation of delay in the presence of only sufficient cause

section 5 of limitation act

It has been urged before us by Mr. What are the limitations on powers of condonation of delay by courts? The condonation of delay cannot be filed for appeal under Section 61 as it has its own limitation period and so a condonation of delay under Section 5 of limitation act for appeal under Section 61 of IBC is not maintainable. The applicability of the scheme is to organizations which are in default other than those organizations whose names had been struck off from the registrar of the organizations under Section 248 5 of the Companies Act 2013. Thus, it is difficult to arise to a conclusion whether the application is time barred or within time for condonation of delay in Section 5 of Limitation Act. The default with the registrar of the organizations proceeds for a long time.

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SECTION 5 OF LIMITATION ACT HAS NO APPLICATION TO A CIVIL SUIT

section 5 of limitation act

No other plea or argument was raised before us. Davender Reddy Vs S. However, in such a case the Court should also keep in mind the constant litigation expenses incurred or to be incurred by the opposite Party and should compensate him accordingly. Aggrieved an Appeal was filed in the SCDRC by the Respondent-Bank. As such in view of Section 122 of the Code of Civil Procedure, 1908 the High Courts have the powers to annul, alter or add to all or any of the rules in the First Schedule of Code of Civil Procedure, 1908 and it implies that the High Courts have not powers to amend the "body of the Code" or the "Sections Part of the Code".

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Condonation of Delay

section 5 of limitation act

It is common knowledge that this court has been making a justifiably liberal approach in matters instituted in this court. In my opinion there are few things to note when an applicant files for condonation of delay: 1. The respondents to consider the case of the petitioner on merits and pass an appropriate order in accordance with law. But a different complexion is imported to a matter where public interest is shown to have suffered owing to acts of fraud on the part of its officers. APPLICATION IN WRITING—Section 5 does not provide for an application in writing. Therefore, the courts having taken such a view, the Arbitrator was justified in passing the award.

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Section 5 of the Indian Limitation Act

section 5 of limitation act

Coming now to merits of the appeal, facts in brief, as per relevant orders are that assessee filed an application in form no. Section 5 of the Limitation Act 1963 provides extension of prescribed period in certain cases. Aggrieved by the same, the instant petition is filed. Chandra Mani reported in AIR 1996 SC 1623, Hon'ble Supreme Court considered a large number of its earlier judgments including Binod Bihari Singh v. This discretion has been deliberately conferred on the Court in order that judicial power and discretion in that behalf should be exercised to advance substantial justice. It is well to remember that the very purpose sought to be achieved by the Courts is to sub-serve the ends of justice Therefore, when substantial justice and technical consideration are pitted against each other, cause of substantial justice had to be preferred to that of the technicalities, inasmuch as, no party can every claim a vested right when injustice is being done, all due to the delay in approaching the Court by the other party.

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Section 5 of the Limitation Act: SC interpreted liberally

section 5 of limitation act

The law of limitation is enshrined in the maxim interest reipublicae ut sit finis litium it is for the general welfare that a period be put to litigation. However, that is not to say that Section 5 can extend the time limit for filing a civil suit if the litigant decides to do so after the prescribed time is over. That the respondent No. It was further observed that for condoning the period of delay, Section 5 of the Limitation Act is applicable depending upon the facts and circumstances of the case. Consequently, the petition is allowed. With these observations, ground nos. Sridhar and others Vs II Appellate Authority and Deputy Commissioner of Labour Twin cities , Hyderabad and others — 2017 4 ALT 51 , it was held that in view of the law laid down by the Full Bench of this Court in the Nalgonda Co-operative Marketing Society Limited, rep.

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Section 5 of Limitation Act by Arya Kudchadker at LexCliq

section 5 of limitation act

Some cases where section 5 petitions are dismissed:- If sufficiency of cause is not shown for condonation of delay, generally, such petitions are liable for dismissal. Somasekhar Reddy and others Vs State Anti Corruption Bureau, rep. Therefore, we are of the view that in either circumstances, limitation requires to be considered appropriately. The National Commission therefore has grossly erred in observing in the impugned order that the appellant-complainant would be at liberty to seek remedy in the competent Civil Court and that if he chooses to bring an action in a Civil Court, he is free to file an application under Section 5 of the Limitation Act, 1963, recording the statement of Ld. Can the court extend period of limitation for filing suit if sufficient causes are shown? The law of limitation fixes a lifespan for such legal remedy for the redress of the legal injury so suffered. Interpretation of Condonation under Section 5-The term condonation means an implied pardon of an offense by treating the offender as if it had not been committed 2. Therefore, it could also be contended that keeping this in mind, the Parliament has deliberately not enforced any limitation for exercise of such a right and on the other hand, it cannot be said that there was an omission by the Parliament to do so.

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Condonation of Delay under Section 5 of Limitation Act

section 5 of limitation act

Collector Land Acquisition Vs. This section raises two questions for consideration. But the relevant statute may confer power upon the tribunal to condone the delay. Consequently, if no such steps are taken within the said period, the Arbitrator is entitled to reject the claim as barred by limitation. A filed an appeal to the Distt.


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Maintainability of Section 5 of Limitation Act under Insolvency and Bankruptcy Code 2016

section 5 of limitation act

The appeal filed by the petitioner is held to be within limitation. There are some cases where application for condonation of delay was dismissed. He makes an application showing sufficient cause in making the execution application with delay. . Court : INCOME TAX APPELLATE TRIBUNAL Brief :. DIT E shall pass a speaking order, bringing out clearly as to whether or not the case of the assessee falls within the 1st proviso to amended provisions of section 2 15 of the Act. The expression sufficient cause must be literarily construed by the court.

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