court having jurisdiction. Even if the complaint was filed before a wrong forum, definitely, Section 14 of the Limitation Act can be made applicable ... calculated from the date of presentation of the complaint before the wrong forum namely 28.03.2009 till the date of re-presentation of the complaint before
initially, the
O.Ps., were filed in time, however, in a wrong Forum, namely, Sub-Court,
Tuticorin, the Court has numbered them, later, on coming ... limitation, the time taken in
prosecuting the case in a wrong Forum has to be excluded. In this view of the
matter, the view taken
which the plaintiff has been prosecuting with due diligence
in a wrong forum has to be excluded. Hence the suit has been filed ... decidendi is as follows:-
?The period of time spent before a wrong forum in filing of in filing
of application for setting aside an award
which the plaintiff has been prosecuting with due diligence
in a wrong forum has to be excluded. Hence the suit has been filed ... decidendi is as follows:-
?The period of time spent before a wrong forum in filing of in filing
of application for setting aside an award
appellant for having filed the appeal in time but before wrong forum?
3. Whether the reimbursement are subjected to the levy of service tax prior ... According to assessee, noticing the error of filing appeal before the wrong Forum, they immediately filed copies of appeal in Form ST-4 before
submit that the suit would
include the proceedings filed before the Consumer Forum and also
liability of carriers cannot be denied ... read literally, it does not exclude even
the presentation in wrong forum and approaching the correct forum later,
in which case, section
initiated knowingly before the wrong Forum which had apparently lack
jurisdiction. Section 14 of the Limitation Act has no application to the facts ... limitation when the parties are
engaged in dialogue including litigation before wrong Forum; (iii)whether the
plaintiffs are entitled to take advantage of Section
submit that the suit would
include the proceedings filed before the Consumer Forum and also
liability of carriers cannot be denied ... read literally, it does not exclude even
the presentation in wrong forum and approaching the correct forum later,
in which case, section
submit that the suit would
include the proceedings filed before the Consumer Forum and also
liability of carriers cannot be denied ... read literally, it does not exclude even
the presentation in wrong forum and approaching the correct forum later,
in which case, section
that the petitioner was pursuing his remedy in a wrong forum, namely, the Deputy Commissioner of Labour, the authority under the Industrial Disputes ... workman or an employee to redress his remedy in a wrong forum. In this connection, it is interesting to note that