AI Overview...
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Limitation Period for Filing Petition for Delivery of Possession - The limitation period begins from the issuance of the sale certificate, not from the confirmation of sale. Filing a petition for delivery of possession must be within one year from the date the sale becomes absolute (e.g., issuance of sale certificate). N. M. Subramaniam VS Unnammal (died) - Madras, Ramalingam VS Rathinambal - Madras, Dhanalakshmi VS S. Palanivelu - Madras, Venkatasubbu VS C. Rajendran Prasad - Madras
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Application of Limitation Act - The period for filing an execution petition or application for delivery of possession depends on when the person concerned becomes capable of taking delivery, typically from the sale's finalization or sale certificate issuance. The limitation period is generally one year from that date. Dhanalakshmi VS S. Palanivelu - Madras, Ramalingam VS Rathinambal - Madras, N. M. Subramaniam VS Unnammal (died) - Madras
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Exclusions and Exceptions - Certain procedures, such as substitution of legal representatives or challenging arbitral awards, may have different or extended limitation periods, sometimes subject to court discretion or specific statutory provisions. For example, delay in receiving arbitral awards can be condoned under certain circumstances. Rajnath Sahgal VS Shiva Prasad Sinha - Patna, SHIVGIRI ASSOCAIATES vs METSO INDIA PVT. LTD - Delhi, State Bank of India vs Shamlabhai Momaiyabhai Movaniya - National Company Law Tribunal, Venkatasubbu VS C. Rajendran Prasad - Madras
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Computation of Limitation Period - The period is calculated excluding the first day and including the last day, with specific references to the date of notice delivery or sale confirmation. Accurate computation is crucial for timely filing. Ankit Sarda VS Subash Agarwal - Sikkim
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No Limitation for Consumer Complaints - Under the Consumer Protection Act, 1986 (later replaced by the Consumer Protection Act, 2019), there is generally no prescribed limitation period for filing consumer complaints, emphasizing the importance of timely action but without statutory limits. CHARIT KUMAR VS ADMINISTRATOR, SARPANCH OF VILLAGE PANCHAYAT RAMBAS - Consumer
Analysis and Conclusion:
The general rule for filing petitions related to delivery of possession is that the limitation period starts from the issuance of the sale certificate or when the sale becomes absolute, typically within one year. Specific circumstances, procedural steps, or statutory provisions can influence or extend this period. Courts emphasize precise computation of limitation periods, considering notice dates and procedural exclusions. Certain claims, such as consumer complaints, are not limited by statutory periods. Overall, timely filing post-sale certification or finalization is critical to preserve rights to seek delivery of possession.
Search Results for "Limitation Period for Filing Petition for re Delivery"
2024 0 Supreme(Mad) 2245 • India - Madras
P. T. ASHA
... ... Issues: The main issues were whether the limitation period for filing a petition for delivery of possession starts from the ... ... ... Findings of Court: ... The court found that the limitation for filing a petition for delivery of possession starts from the ... filing a petition for delivery of possession commences from issuance of sale certificate, not from confirm....
1993 0 Supreme(Mad) 743 • India - Madras
ARUNACHALAM
The limitation period for filing an execution petition is contingent upon the person concerned being capable of taking delivery of ... Issues: Application of Art. 134 and Art. 144 of the Limitation Act, limitation period for filing an execution petition, and ... The court also clarifies the limitation period for filing an execution petition an....
1978 0 Supreme(Pat) 239 • India - Patna
B.P.JHA, HARI LAL AGRAWAL
of judgment - Such a procedure can be adopted even after the period of limitation for filing a petition for substitution has expired ... defendant who has either not appeared or on appearance filed written statement but failed to appear or contest at any time before the delivery ... The short point for consideration in this civil revision petition is : Whether the court has power to exempt the plaintiffs from the necessity of substituting the legal representatives in a case where the s....
2023 0 Supreme(Del) 4030 • India - Delhi
MINI PUSHKARNA
The Court also held that the limitation period for filing the present petition was till 22nd August, 2018 and the initial filing ... ARBITRATION - Setting aside of Arbitral Award - Limitation - Computation of limitation period - Delivery of signed copy of the ... Ratio Decidendi: The Court held that the period of limitation for filing petition under Section 34 ....
2019 0 Supreme(Mad) 1094 • India - Madras
ABDUL QUDDHOSE
of limitation for filing an application commences only from date of issuance of sale certificate and only appear sale becomes absolute ... Limitation Act, an application for delivery of possession by an auction purchaser will have to be filed within one year from date ... is dismissed - Consequently connected miscellaneous petition is closed ... ... The only point for consideration in this civil revision petition is whether the limitation period fo....
2024 Supreme(Online)(NCLT) 1712 • India - National Company Law Tribunal
Mrs. Chitra Hankare, J, Dr. Velamur G Venkata Chalapathy, T
The respondent contested the filing, citing issues of limitation and procedural deficiencies in invoking the guarantee. ... ... ... Issues: The main issues included whether the application was within the limitation period and whether the financial creditor ... period - The application was deemed defective and rejected based on lack of valid invocation of the guarantee. ... They have relied upon exclusion of limitation period in terms of orders of Hon’ble Supreme Cou....
2019 0 Supreme(Sikk) 33 • India - Sikkim
MEENAKSHI MADAN RAI
The court analyzed the date of delivery of the notice and the computation of the limitation period under the N.I. Act. ... Issues: The issues revolved around the date of delivery of the notice, computation of the limitation period, and the petitioner's ... The court emphasized the exclusion of the first day and inclusion of the last day in computing the period of limitation, and the ... In the instant case, it is clear that fifteen days from 12.11.2....
• India - Consumer
K.S.GUPTA, RAJYALAKSHMI RAO, B.K.TAIMNI
a limitation period for filing complaints. ... , 1986 prescribed a limitation period for filing complaints. ... Limitation - Consumer Dispute - The court dismissed the revision petition against the order of the Consumer Disputes Redressal ... Although, the Consumer Protection Act, 1986, which came into force in the year 1987, did not prescribe any period of limitation for filing of complaint but b....
2025 Supreme(Online)(Del) 4267 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
JYOTI SINGH, J
... ... Issues: Whether the limitation period for filing a petition challenging the arbitral award commenced. ... - Petitioners argue that signed copy of the award was never received, delaying the limitation period. ... (A) Arbitration and Conciliation Act, 1996 - Section 34(3) - Condonation of delay in filing petition for setting aside arbitral award ... Primordial contention of the Petitioners is that signed copy of the arbitral award was never re....
2018 0 Supreme(Mad) 2633 • India - Madras
M.V.MURALIDARAN
of limitation for delivery of possession of property produced at court sale has been reduced to a considerable extent - In fact ... Multi State Cooperative Societies Act, 2002 - Sections 94, 40, 39, 83, 99 and 101 - Possession Of Property - Brief facts leading to filing ... last payment of bid amount and 4th respondent proceeded to confirm sale and directed petitioner to pay bank charges - Held, Thus period ... In order to compute one year period of limitation in filing#HL_EN....
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