Continuing Wrong Principle in Service Law- When It Applies?
In Union of India v. Tarsem Singh (2008), the Court deliberated on the question of ‘continuing wrong’ on state’s part in issues related to pension or arrears. The Court said,…
Section 5 of the Limitation Act- Condonation of Delay is not the Right of Applicant
Section 5 of the Limitation Act. Section 5 of the Limitation Act, reads as under: – “5. Extension of prescribed period in certain cases.— Any appeal or any application, other…
Rule of Limitations- General Policy of the law of limitation is to favour the use of legal diligence
Supreme Court in Hameed Joharan (Dead) & Ors. v. Abdul Salam (Dead) by LRs & Ors., reported in (2001) 7 SCC 573, wherein it was observed that the general policy…
Rule of Limitation- Jurisprudential Aspects
Rules of limitation are not meant to destroy the rights of parties. They are meant to see that parties do not resort to dilatory tactics, but seek their remedy promptly.…
Section 5 of the Limitation Act- Interpretation of the expressions “after the prescribed period”
Section 5 of the Limitation Act, reads as under: – “5. Extension of prescribed period in certain cases.— Any appeal or any application, other than an application under any of…
Section 5 of the Limitation Act- Interpretation of the Expression of “Within Such Period”
Section 5 of the Limitation Act, reads as under: – “5. Extension of prescribed period in certain cases.— Any appeal or any application, other than an application under any of…
Section 5 of the Limitation Act- Interpretation of the Expression of “Sufficient Cause”
Section 5 of the Limitation Act, reads as under: – “5. Extension of prescribed period in certain cases.— Any appeal or any application, other than an application under any of…
Section 5 of the Limitation Act- Interpretation of the expression “Within Such Period”
Section 5 of the Limitation Act, reads as under: – “5. Extension of prescribed period in certain cases.— Any appeal or any application, other than an application under any of…
Law of limitation and Right to claim in perpetuity
The law of limitation is embodied in a statute which is based on the principles of repose or peace, as held by Supreme Court in Pundlik Jalam Patil v Executive…