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1 - 8 of 8 (0.35 seconds)Section 3 in The Limitation Act, 1963 [Entire Act]
Section 91 in The Trade Marks Act, 1999 [Entire Act]
The Code of Civil Procedure, 1908
The Limitation Act, 1963
Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
Pathapati Subba Reddy (Died) By Lrs And ... vs Special Deputy Collector (La) on 8 October, 2021
26. On a harmonious consideration of the provisions of the law, as
aforesaid, and the law laid down by this Court, it is evident that: (i)
Law of limitation is based upon public policy that there should be an
end to litigation by forfeiting the right to remedy rather than the right
itself; (ii) A right or the remedy that has not been exercised or availed
of for a long time must come to an end or cease to exist after a fixed
period of time; (iii) The provisions of the Limitation Act have to be
construed differently, such as Section 3 has to be construed in a strict
sense whereas Section 5 has to be construed liberally; (iv) In order to
advance substantial justice, though liberal approach, justice-oriented
approach or cause of substantial justice may be kept in mind but the
same cannot be used to defeat the substantial law of limitation
contained in Section 3 of the Limitation Act; (v) Courts are empowered
to exercise discretion to condone the delay if sufficient cause had
been explained, but that exercise of power is discretionary in nature
and may not be exercised even if sufficient cause is established for
various factors such as, where there is inordinate delay, negligence
and want of due diligence; (vi) Merely some persons obtained relief in
similar matter, it does not mean that others are also entitled to the
same benefit if the court is not satisfied with the cause shown for the
delay in filing the appeal; (vii) Merits of the case are not required to be
considered in condoning the delay; and (viii) Delay condonation
application has to be decided on the parameters laid down for
condoning the delay and condoning the delay for the reason that the
conditions have been imposed, tantamounts to disregarding the
statutory provision."
Shivamma (Dead) By Lrs. vs Karnataka Housing Board on 24 August, 2022
7. Recently, in Shivamma (dead) by LRS vs. Karnataka Housing Board & Ors.
2025 SCC OnLine SC 1969, it has been held as follows:
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