AI Overview...
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Limitation Period for Filing Revisions - The period for filing revisions before the Board of Revenue generally starts from the date the petitioner becomes aware of the order, not necessarily from the date of the order itself. For example, in one case, the limitation was considered to run from 14-12-1962 when the plaintiffs learned of the order, despite the order being passed earlier. Jagdamba VS Gram Samaj - Allahabad
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Applicability of Section 14 of Limitation Act, 1963 - Section 14 can apply to the period during which a revision is pending before the Board of Revenue, allowing such time to be excluded when calculating the limitation period for filing an appeal or revision. Delay in filing can sometimes be condoned depending on circumstances. Manorama Mohanty VS State of Orissa - Current Civil Cases
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No Limitation for Certain Applications - In some cases, there is no prescribed period of limitation for filing applications before the Board of Revenue, such as in proceedings under specific revenue laws, allowing flexibility in filing revisions or appeals. Kuleshwar Prasad Nayak VS State of M. P. - Madhya Pradesh
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Limitation from Final Order Date - The limitation period typically begins from the date of the final order passed by the Board of Revenue in a revision case, not from the date of the order or knowledge of the order. This is crucial for determining the timeline for filing further appeals or revisions. Bhim Chandra Guin VS Union of India - Calcutta
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Court's Discretion and Condonation of Delay - Courts have emphasized the importance of filing petitions for condonation of delay when revisions are filed late beyond the stipulated period. A liberal approach may be adopted, especially if the delay is not substantial and reasons are justified. State VS Amolak Chand - Rajasthan, Krishna Mohan Singh VS Additional Member, Board of Revenue, Bihar, Patna - Patna
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Specific Limitation Periods - Generally, the prescribed period for filing revisions is one month from the date of knowledge or the order, but this can vary. For instance, some cases mention a 90-day period, and courts may allow interference even after expiry if justified. Battu Pedda Jangaiah VS Joint Collector, Rangareddy Dist. - Andhra Pradesh, Kula Nand Jha VS State Of Bihar - Patna
Analysis and Conclusion:
The limitation period for filing a revision before the Board of Revenue is primarily counted from the date the petitioner becomes aware of the order or final decision, rather than the date of the order itself. While a standard period of one month is often prescribed, courts may exercise discretion and condone delays if justified, especially under Section 14 of the Limitation Act, 1963. The final order date is a critical marker for limitation calculations, and procedural flexibility exists to ensure justice is served, provided delays are properly explained and condoned.
Search Results for "Limitation Period in Filing Revision of Order of Board of Revenue"
1976 0 Supreme(All) 440 • India - Allahabad
T.S.MISRA
the revision was passed by the Board of Revenue, or on 14-12-1962 when the Plaintiffs came to know of that order. ... know of the order of the Board of Revenue dismissing their revision petition, and not from 10-10-1961 when the order was actually ... running from 14-12-1962 when the Plaintiffs came to know of the order#HL_E....
• India - Current Civil Cases
M.M.DAS
Limitation Act, 1963— Section 14—Applicability of—To mutation appeal—Delay—Condonation of—Revision pending before Board of Revenue—Period ... for which Revision pending can be excluded while computing period of limitation for filing appeal—Section 14 of Act attracted to ... mutation appeal—If said Revision wrongly fi....
1959 0 Supreme(Ori) 40 • India - Orissa
R.L.NARASIMHAM, G.C.DAS
The petitioner filed an application before the Board of Revenue for revising the order of the Collector of Sales Tax, but the Board ... of limitation. ... passed by the Collector in revision. ... of limitation for filing a revision petition before the Board of Revenue would expire only on the 3rd De....
1981 0 Supreme(MP) 17 • India - Madhya Pradesh
G.P.SINGH, K.K.DUBE
... Held : There is no period of limitation for filing an application ... P. land Revenue Code before the Board of Revenue against the order of the Additional Commissioner dated 4th June 1977 passed in suo ... If the Board wanted an affidavit from the petitioners, it could have adjourned the hearing and given time for filing affida....
1991 0 Supreme(Cal) 16 • India - Calcutta
Monoranjan Mallick, MANABENDRA NATH ROY
Act, as the limitation period would run from the date of the final order passed by the Board of Revenue in the revision case, not ... The limitation period under Article 14 of the Limitation Act runs from the date of the final order passed by the Board of Revenue ... in a #HL_START....
1998 0 Supreme(Pat) 417 • India - Patna
AFTAB ALAM, D.S.DHALIWAL
Land) Act, 1961 (the Act) on the ground that it was filed beyond the period of limitation. ... Final Decision: The court set aside the impugned order and remitted the matter to the Board of Revenue with a direction to ... Fact of the Case: Petitioners-landholders challenged the order passed by the Additional Member, Board of Revenue, declining ... I....
2002 0 Supreme(Pat) 582 • India - Patna
S.N.JHA, T.P.SINGH
were required to wait until the expiry of the period of limitation for filing revision, but they hurriedly not only publish the ... of limitation for filing appeal and revision-Revisional Court setting aside the order declaring land as surplus-settlee not made ... order stood modified by Board of Revenue#HL....
2018 0 Supreme(Pat) 1557 • India - Patna
JYOTI SARAN
Limitation - Revision Application - The court set aside the order of the Board of Revenue allowing the revision application of ... The court emphasized the need for a petition for condonation of delay when filing a revision beyond the stipulated period. ... Fact of the Case: The petitioners challenged the order of ....
1993 0 Supreme(AP) 261 • India - Andhra Pradesh
S.S.M.QUADRI
period. ... period? ... The court allowed the civil revision petitions and writ petitions without costs. ... The period of limitation prescribed for filing the revision was one month. ... Hie order under revision was a fit case for interference even after expiry of ordinary period of limitation. ......
1999 0 Supreme(Raj) 631 • India - Rajasthan
B.J.SHETHNA
Limitation Act, 1963, Sec. 5 – The impugned judgment and order of the Board of Revenue dismissing its revision only on the ground ... of delay in filing it late without going into the merits of the case – Held – Though Courts should adopt liberal approach in condonation ... The period of limitation was 90 days in filing the ....
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