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Central Government Act Section 17(1)(c) in The Limitation Act, 1963
(c) the suit or application is for relief
Central Government Act
present case, the prescribed
period of limitation would get extended under Section 17, Limitation
Act, 1963 (corresponding to Section ... Limitation Act, 1908). Section
17, Limitation Act, 1963, insofar as it is material for the present
case, reads :
"17. Effect
Himachal Pradesh High Court
view of the matter the provisions
of Section 17 of the Limitation Act are clearly attracted and the
limitation shall ... petitioners could not take any
advantage of Section 17 of the Limitation Act as the Company
Petition did not contain
Supreme Court of India
date on
which the right accrues. Section 17 of the Limitation Act provides
that where fraud or mistake has occurred ... there was an undue delay in filing the petition under section 155
of the Companies Act for exercise of jurisdiction
Gujarat High Court
17-B (1) of the West Bengal
Premises Tenancy Act, 1956 and another application under Section 5 of
the Limitation ... Section 17-B (1) of the said Act
and also an application under Section 5 of the Limitation
Calcutta High Court
Procedure Code, 1908 ?
(C) Whether the provisions contained under section 17(1)(b) of the
Limitation Act, 1963, would bring ... that, regard being had to the
provisions contained under section 17(1)(b) of the Limitation Act,
1963, the petition
Gujarat High Court
such questions cannot be decided in the proceedings
under Section 155.
20. Thus, it is clear that there should ... there was an undue delay in filing the petition under Section 155
of the Companies Act for exercise of jurisdiction
Gujarat High Court
pursuance of a
statutory provision, does not fall under Section 72, since the concept
of either a contract ... under a mistake of law can also be recovered under
Section 72.
(iv) However, proposition (iii) above does not imply
Andhra High Court
form and manner prescribed under Section 5. The provisions of
Section 17 of the Limitation ... under Section 6 or
to an application under Section 5."
12. At this juncture, we may refer to Section
Madhya Pradesh High Court
response to the notice under Section 13 (2), as he can still save himself under Section 13 (8) and cover ... confirms this). Therefore the rights conferred under Section 13 (8) and Section 17 (1) are not to be considered
Madras High Court
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