Section 5 of limitation act. Condonation of Delay 2022-10-30
Section 5 of limitation act
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
Padigi Pedda Ranga Reddy and others Vs Padigi Sreerami Reddy and others — 2016 6 ALT 341. Scope of Discretionary Power for condoning delay in Insolvency Procedure: It is pertinent to mention the discretionary power of NCLT and NCLAT for condoning delay in insolvency proceedings. Gupta, AR Respondent by Shri Satpal Singh, DR Date of hearing 02-08-2012 Date of pronouncement 07-09-2012 O R D E R A. Admittedly, no limitation is provided for filing an appeal under Section 3G 5 of the Act of 1956. Aggrieved by the same, the instant petition is filed. DIT E and restore the matter to his file for readjudication in accordance with law, keeping in view the aforesaid CBDT circular and various decisions, including those referred to above, after allowing sufficient opportunity to the assessee.
Limitation Act, 1972 (nrcd 54)
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. In my opinion there are few things to note when an applicant files for condonation of delay: 1. Inter alia, the ld. If Article 137 of the Limitation Act is to be applied then there is a delay of only 1 year, 4 months and 4 days. In other words, according to him, when an appellant prefers an appeal beyond the period of limitation prescribed he must show that he acted diligently and that there was some reason which prevented him from preferring the appeal during the period of limitation prescribed. See: Ummer Vs Pottengal Subida and others — 2018 3 ALT SC 11 D. In this case, the Writ petitions are allowed.
Condonation of Delay under Section 5 of Limitation Act
. But the message does not appear to have percolated down to all the other courts in the hierarchy. The appeal under Section 3G 5 of the Act of 1956 was filed on 04. Vs State of U. Umarani and others Vs District Collector, Karimnagar and others — 2015 1 ALT REV.
Section 5 of Limitation Act applies to Arbitration Reference under National Highways Act
Rule 15 of NCLT Rules 2016 shows that NCLT can extend the time provided by these rules or fixed by any order for doing any act or taking any proceeding, upon such terms, if any, as the justice of the case may require, and any enlargement may be ordered, although the application therefore is not made until after the expiration of the time appointed or allowed. It was barred by time. Bhagwan Das and others Vs State of U. Whether Section 5 of the Indian Limitation Act, 1963 will be applicable to the Execution Proceedings instituted under the Code of Civil Procedure, 1908 Act 9 of 1908. Land Acquisition Officer filed application to have the delay excused under section 5 of the Limitation Act, 1963 alleging that the government pleader failed to apply for certified copy, obtain it and forward it with his opinion; there was utter confusion during his time and department did not know in which cases appeal were not filed; he played fraud and over a crore of rupees would be the loss to the government on account of such fraud; that correspondence exchanged with him, produced here, would show how negligent and uncooperative he was with the department. Vijaya Bhaskar Rao — 2018 1 ALT 334 D. Cent re Delhi-92 3.
Condonation of Delay
In pursuance to this application, DIT E asked the assessee to furnish a number of documents as mentioned in the impugned order. If the court is satisfied with the sufficiency of the cause then it can exercise its discretion in his favour and condone his delay. It has been urged before us by Mr. The main purpose for which Section 5 was enacted was to enable the Court to do substantial justice and that is the precise reason why very elastic expression sufficient cause is employed therein, so as to sub-serve the ends of justice. At this juncture, it is apt to refer to section 5 of the Limitation Act, 1963.
SECTION 5 OF LIMITATION ACT HAS NO APPLICATION TO A CIVIL SUIT
Under what circumstances can delay be condoned in the filling of appeal and applications? Oriental Aroma Chemical Industries Ltd. After sufficient cause is shown the court has to inquire weather in its discretion it should condone the delay 5 The discretion conferred in the court is a judicial discretion and must be exercised to advance substantial justice. Introduction: Rules of limitation are not meant to destroy or foreclose the rights of the parties. The District Collector and Arbitrator and another held in para 19 to the effect that as there is no specific period provided for making a claim seeking higher compensation, the residuary clause under Article 113 of the Limitation Act has to be applied which is three years from the date on which the right to sue accrues. STATE OF GOVERNMENT— G. The date of order mentioned in Section 5 of the Limitation Act means:- he expression within 30 days after making of the order means within 30 days after the date on which communication of the order reached the affected party The time can begin to run only from the date on which the decision is communicated The date of order mentioned in Section 5 of the Limitation Act means date of knowledge of that order Knowledge means knowledge of the contents of the order, but not mere knowledge that an order was passed. Further, second proviso under Section 12 states that the CIRP should be completed within a period of three hundred thirty days from the insolvency commencement date.
Section 5 of the Indian Limitation Act
As against this, when delay is condoned, the highest that can happen is that a cause would be decided on merits after hearing the parties. Haribabu Vs Lagula Krishnaiah Goud and others , 2017 6 ALT 136. As is apparent from the aforesaid objects, society has been created for providing medical relief to the needy and poor. The Supreme Court held that the period of limitation as specified in Section 421 of Companies Act is 45 days from the date of the on which a copy of the order of the Tribunal is made available to the person aggrieved and shall be in such form, and accompanied by such fees. . Keeping in view the proverbially slow process of decision making and also taking into account the considerable degrees of procedural red-tape in decision making, a certain amount of latitude is not impermissible. Rukmani Ganesan Vs Commissioner, The Tamil Nadu Hindu Religious and Charitable Endowments Board and others — 2019 4 ALT SC 176 D.
Section 5 Extension of prescribed period in certain cases
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. Shriram Chits Tamil Nadu Private Limited, rep. The SCDRC upheld the Order of the Consumer Forum vide Order dated 25-10-2017 except to the extent of fine imposed. Whether the decision of second appellate authority to entertain second appeals filed after the prescribed period of limitation and to pass interlocutory and final orders, is valid :- In A. It is equally important to remember, as was held in Smt.
Maintainability of Section 5 of Limitation Act under Insolvency and Bankruptcy Code 2016
The appeal filed by the petitioner is held to be within limitation. Therefore, there is a delay. Ujagar Singh SC ;N Balakrishnan vs. The court will decide the cases on merits rather than going on the technical ground of delay without adjudicating on the issues. Vs Gujarat Industrial Development Corporation and another — 2010 2 SCJ 973 D. The courts while dealing with the application may keep two conflicts in mind: 1.