Civil jurisdiction- limitation

Advocate

 

CIVIL JURISDICTION


LIMITATIONS IN THE CATEGORY OF THE CASES PERTAINS TO CIVIL APPELLATE JURISDICTION

CATEGORY ART. /RULE/ SECTION LIMITATION TIME FROM WHICH PERIOD BEGINS TO RUN
1] FIRST APPEAL  (CPC)
Art.116 (a) of Limitation Act, 1963
90 Days
The date of the decree or order.
R.15(2) of Bombay City Civil Court Act, 1948
30 Days
The date of the decree or order.
a. Land Acquisition Act.
Art. 116 of Limitation Act.
90 Days
The date of the decree or order.
b. Employees State Insurance Act.
Sec. 82 (3) ESI Act.
60 Days
From the date of order
c. Railway Claims Tribunal Act.
Sec. 23 (3) of RCT Act.
90 Days
From the date of order
d. Motor Vehicles Act.
Sec. 173(1) of MV Act.
90 Days
From the date of order
e. Workmen's Compensation Act.
Sec. 30 (20 Workmen's Compensation Act. Sec.30(3) Section 5 of the Limitation Act is applicable 
60 Days
From the date of order
f. The Copy Right Act.
Sec. 72(2) The Copy Right Act 
3 Months
From the date of order
g. Securities & Exchange Board of India Act. 
Sec. 15z of SEBI Act
60 Days, If prevented by sufficient cause to file within 60 days further period not exceeding 60 days.
From the date of communication  of the decision or order to him.
h. Maharashtra 8 Electricity & Regulatory Commission Act.
Sec. 27 of MERC Act.
60 Days
----
i. Foreign Exchange Regulation Act.
Sec. 35 of FERA 
60 days, If sufficient cause shown for further 60 days.
-----
j. Family Court Appeals Act.
Sec. 19 (3) of Family Courts Appeal Act.
30 Days.
From the date of judgment or order
k. Cross objection in Appeal
Order (41) of CPC R.22
30 Days.
Within one month from the date of service notice on him or his pleader of the day fixed par hearing of appeal or within  such further time as the appellate court may allow.
 
2] SECOND APPEAL (CPC)
Art.116 of Limitation  Act.  90 Days.
The date of the decree or order.
   
3] LETTERS PATENT APPEAL
Bombay High Court (A.S.) Rules Provisions of L.P.A. and Order 41 of CPC (117 Art.)
30 Days.
From  the date of order.
 
4] APPEAL FROM ORDER
 ----
District - 90 Days.

Bombay - 30 Days.

From  the date of order.

From  the date of order.
   
5] CIVIL REVISION  APPLICATION(CPC)
Art. 131 of Limitation Act.
  90 Days.
The date of the decree or order or sentence sought to be revised.
 
6] APPLICATIONS
a. Application for setting aside Registrar's order 


Revision of orders of Reg & Addl. Reg by motion u/ Chapter II,
Rule 7 
Bombay High Court (A.S) Rules Chapter XII Rule-2

Chapter II Rule - 7
7 Days.



15 Days.
From the date of order complained of



From the date of order 
complained of
b. For bringing L.Rs. on record
Art. 120
90 Days.
The date of death of the plaintiff , appellant , defendant or respondent , as the case may be.
c. For setting aside abatement 
Art. 121
60 Days.
The date of abatement.
d. For leave to appeal as a pauper(a) to the High Court
Art.130
60 Days.
The date of decree appealed from.
e. To the High Court for a certificate of fitness of appeal to the Supreme Court clause 1 of Art. 132, 133 etc.
Art, 132 of Limitation Act 
60 Days.
The date of the decree , order or sentence.
f. Application for restoration of appeal, application Review, Revision dismissed for default, want  of prosecution. Art. 123 of Limitation Act. 30 Days. The date of the decree or where the summons or notice was not duly served, when the aplicant had knowledge of the decree.
g. Appeal under Sec. 35G(2) of Central Excise Act. 35G(2)(a) 180 Days. From the date on which order appealed against is received by commissioner or party order.
h. The Customs Act Appeal u/s. 130 (2) 130(2) (a) 180 Days. From the date on which the order appealed against is received by commissioner of customs or the other party
 
7] REVIEW Art. 124  30 Days. The date of the decree or order.
 
8] CONTEMPT PETITION Sec. 20 1 Year From the date on which the contempt  ------- to have been committed.
9] CONTEMPT APPEAL Sec. 19(4) (a) 30 Days. -----
 
10] WRIT PETITIONS Art. 226, 227 etc No limitation but to be filed as early as possible. ------

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thanx fr ds useful info....
 
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