Limitation Act Doesn't Apply To Appeals Preferred Before Collector Under Section 70 Of Chit Funds Act: Andhra Pradesh High Court
1 month, 2 weeks ago

Limitation Act Doesn't Apply To Appeals Preferred Before Collector Under Section 70 Of Chit Funds Act: Andhra Pradesh High Court

Live Law  

Andhra Pradesh High Court has clarified that the Limitation Act does not apply to Section 70 of the Chit Funds Act, 1982 which stipulates that an appeal against the order passed by the Deputy Registrar of Chits should be filed with 2 months. But, any specific power has not been conferred to the appellate authority under Section 70 of the Chit Funds Act or any other provision to condone the delay in filing appeal. As considered supra, the Chit Funds Act or/and the Rules do not make application of the provisions of Section 5 of the Limitation Act. The Limitation Act does not apply to the proceeding under Section 70 of the Chit Funds Act."

Appeal Court Registrar Limitation Act Limitation Delay State Funds Act Petitioner Chit Section 29 Section 70 Chit Funds Act  70  doesnt  preferred  chit  state  collector  pradesh  appeal  court  delay  limitation  high  petitioner  act  funds

History of this topic

Andhra Pradesh VAT Act | Pleadings On Suppression Of Material Facts, Wilful Evasion Of Tax Are Sine Qua Non For Invoking S.21(5): High Court
1 month, 1 week ago

Andhra Pradesh VAT Act | Pleadings On Suppression Of Material Facts, Wilful Evasion Of Tax Are Sine Qua Non For Invoking S.21(5): High Court

Live Law  

The Andhra Pradesh High Court has held that pleadings relating to suppression of material facts, in an assessment order are the sine qua non for invoking section 21; by way of which limitation for filing an assessment order is extended to 6 years from 4 years. "There is nowhere any mention of suppression of facts, much less, wilful suppression of …

Extension Of Limitation Period Under Section 168A Of GST Act; Punjab And Haryana High Court Issues Notice
1 year, 2 months ago

Extension Of Limitation Period Under Section 168A Of GST Act; Punjab And Haryana High Court Issues Notice

Live Law  

The Punjab and Haryana High Court has issued a notice to the government in a plea challenging the extension of the limitation period under Section 168A of the GST Act.The bench of Justice G.S. The Punjab and Haryana High Court has issued a notice to the government in a plea challenging the extension of the limitation period under Section 168A …

Statutory Appeal Period Under Customs Act, Appellate Authority Has No Power To Condone Delay: Delhi High Court
1 year, 5 months ago

Statutory Appeal Period Under Customs Act, Appellate Authority Has No Power To Condone Delay: Delhi High Court

Live Law  

The Delhi High Court has held that the appellate authority has no power to allow the appeal to be presented beyond the period of 30 days.The bench of Justice Yashwant Varma and Justice Dharmesh Sharma has relied on the decision of the Supreme Court in the case of Singh Enterprises vs. Commissioner of Central Excise, Jamshedpur & Ors., in which …

In Time-Barred Appeal Under MV Act, Award Can’t Be Stayed Without First Deciding Delay Condonation Application: Andhra Pradesh High Court
1 year, 8 months ago

In Time-Barred Appeal Under MV Act, Award Can’t Be Stayed Without First Deciding Delay Condonation Application: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that in a time barred appeal under Section 173 of the Motor Vehicles Act before the High Court, they stay of execution of the award cannot be granted, so long as the delay condonation matter is not decided finally, in view of 2nd proviso to Section 173 of the MV Act & Order …

Section 17 Of Limitation Act Inapplicable Where Limitation Is Prescribed For Appeal: NCLAT Delhi
2 years, 2 months ago

Section 17 Of Limitation Act Inapplicable Where Limitation Is Prescribed For Appeal: NCLAT Delhi

Live Law  

The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Ashok Bhushan and Mr. Barun Mitra, while adjudicating an appeal filed in Maharashtra State Electricity Distribution Company Ltd. v NRC Ltd. & Anr., has held that Section 17 of Limitation Act, 1963 deals with period of limitation in the case of any suit or application. Effect of fraud or …

Applicability Of Limitation Act Barred When Special Act Provides For Limitation Period Along With Its Extension: MP High Court Reiterates
2 years, 3 months ago

Applicability Of Limitation Act Barred When Special Act Provides For Limitation Period Along With Its Extension: MP High Court Reiterates

Live Law  

The Madhya Pradesh High Court, Indore Bench recently reiterated that applicability of the Limitation Act would be barred in cases governed by a special Act which provides for the provision of limitation period and its extension. Justice Subodh Abhyankar added that even if the provisions of the Limitation Act are not specifically excluded, its operation would be barred when the …

HC Cannot Disregard Statutory Limitation Period To Entertain Writ Petition Challenging Order Passed By Statutory Authority: SC [Read Judgment]
4 years, 10 months ago

HC Cannot Disregard Statutory Limitation Period To Entertain Writ Petition Challenging Order Passed By Statutory Authority: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a High Court cannot disregard the statutory limitation period to entertain writ petition assailing orders passed by statutory authorities which were not appealed against before the expiry of the maximum limitation period. Therefore, the issue before the Apex Court in the appeal filed by Revenue was whether the High Court in exercise of its …

Power To Condone Delay Under Sec 5 Limitation Act Applies To Special Or Local Laws If It Is Not Expressly Excluded : SC [Read Judgment]
5 years, 4 months ago

Power To Condone Delay Under Sec 5 Limitation Act Applies To Special Or Local Laws If It Is Not Expressly Excluded : SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that the power to condone delay under Section 5 of the Limitation Act is applicable to proceedings under special or local laws if it is not expressly excluded by such laws.Applying this principle, the bench comprising Justices Arun Mishra, M R Shah and BR Gavai held that Section 5 of the Limitation Act can be …

Sec 5 Limitation Act Not Applicable To Delay In Filing Appeal Under RFCTLARR Act : Karnataka HC [Read Judgment]
5 years, 5 months ago

Sec 5 Limitation Act Not Applicable To Delay In Filing Appeal Under RFCTLARR Act : Karnataka HC [Read Judgment]

Live Law  

The High Court of Karnataka has ruled that Section 5 of the Limitation Act cannot be invoked to condone delay in filing appeal against an award under the Right To Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013.A Division Bench comprising Justices B V Nagarathna and K Natarajan gave the ruling in the case The Deputy …

The Applicability Of The Law Of Limitation To Petitions Filed Before The District Judge Under The P & MP Act, 1962
6 years, 2 months ago

The Applicability Of The Law Of Limitation To Petitions Filed Before The District Judge Under The P & MP Act, 1962

Live Law  

The legal issue which has impelled me to right this Article is as to whether Section 5 of the Limitation Act, 1963, enabling condonation of delay on the ground of sufficient cause, is applicable to applications filed before a District Judge under sub-section or under sub-section of Section 10 of the Petroleum and Minerals Pipelines Act,. 6) Kerala State Electricity …

The Applicability Of The Law Of Limitation To Petitions Filed Before The District Judge Under The P & MP Act, 1962
6 years, 2 months ago

The Applicability Of The Law Of Limitation To Petitions Filed Before The District Judge Under The P & MP Act, 1962

Live Law  

The legal issue which has impelled me to right this Article is as to whether Section 5 of the Limitation Act, 1963, enabling condonation of delay on the ground of sufficient cause, is applicable to applications filed before a District Judge under sub-section or under sub-section of Section 10 of the Petroleum and Minerals Pipelines Act,. 6) Kerala State Electricity …

Appellate authorities under Special Statutes cannot be asked to condone the delay, beyond extended period of limitation: Madras HC [Read Judgment]
8 years, 9 months ago

Appellate authorities under Special Statutes cannot be asked to condone the delay, beyond extended period of limitation: Madras HC [Read Judgment]

Live Law  

Madras High Court in R.Gowrishankar vs. The Commissioner of Service Tax has held that Appellate authorities cannot be asked to condone the delay, beyond the extended period of limitationA Division Bench comprising of Justices S. Manikumar and D. Krishnakumar, made this observation while considering an appeal filed against Single Bench order declining to set aside the order made in the. …

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