High Court under Section 115, Civil
Procedure Code [for short, " CPC "], Section 5 of the
Limitation Act [26 of 1963] stands attracted. Though ... Schedule to the Limitation Act . Section 4 of the
Limitation Act also refers to the closure of the court.
Section 5 of the Limitation Act
Limitation Act .
An important departure is made in Section 29 , sub-
section (2) of Limitation Act of 1963. Under the
Indian Limitation Act, 1908 Section ... Limitation Act was specifically and
in clear terms excluded, but under Section 29(2) of the
present Limitation Act Section 5 shall apply in case
Limitation before enactment of Act, 1963 was governing
by the law of limitation under Indian Limitation Act,
1908. The different provisions of Limitation Act ... Limitation
Act stands excluded because of the provisions
of Section 29(2) of the Limitation Act.
However, merely because it is held that Section
5
Indian Limitation Act, 1908, was repealed and replaced by the Limitation Act, 1963 . Under this 1963 Limitation Act , Section 5 was worded in such ... context of Section 97(1) of the Amending Act and the provisions of the Indian Limitation Act, 1908 and the Limitation Act, 1963 , and concluded
Section 5 of the Limitation Act.
16. In the old Indian Limitation Act (IX of 1908) the Preamble runs as follows:
An Act to consolidate ... 5 of the limitation Act also we find the change from the old Limitation Act . In the old Act, Section 5 reads as follows
section 29(2) of the Limitation Act, 1963 and the scheme
and object of the Arbitration and Conciliation Act, 1996 has held that
section 5 ... Limitation Act, 1963 would
be applicable to section 35 of the Central Excise Act, 1944. Under
section 35 of the Central Excise Act
limitation prescribed
for appeals under that Section, all the provisions of Sections 4 to
24 of the Limitation Act would apply. Section 5 , being ... reason of Section 29(2)(b) of the Indian Limitation Act, 1908. Since
under the Limitation Act, 1963 , Section 5 is specifically made
applicable
limitation prescribed under section 3 of the
Limitation Act and consequently the provisions of Section 4
to 24 of the Limitation Act shall apply ... limitation than the one prescribed
in the Limitation Act , the provisions of section 3 and
consequently Sections 4 to 24 of the Limitation Act
period of limitation, by application of Section 29(2) of
the Limitation Act, provision under Section 3 of the Limitation Act shall apply
and such ... reason of
Section 29 (2)(b) of the Indian Limitation Act, 1908. Since under the
Limitation Act, 1963 Section 5 is specifically made applicable
Sections 4 to 24 of the Limitation Act, 1963. Such proceedings will attract Section 29(2) of the Limitation Act and consequently Section 5 ... under Section 18 of the Limitation Act and that when Section 29(2) applied to appeals under Section 18 of the Limitation Act, for computing
