limitation act
prakash vathore
(Querist) 02 November 2009
This query is : Resolved
what is the time limit for filing an appeal against the order passed by the single judge original side bombay high court?
Kiran Kumar
(Expert) 02 November 2009
someone from bombay high court pls help Mr. Rahtore, have a look at High Court Rules and Orders.
A V Vishal
(Expert) 02 November 2009
Since you are silent on the query regarding nature of case I am giving the details for civil cases.
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
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i. Foreign Exchange Regulation Act.
Sec. 35 of FERA
60 days, If sufficient cause shown for further 60 days.
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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
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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.
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10] WRIT PETITIONS
Art. 226, 227 etc
No limitation but to be filed as early as possible.
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A V Vishal
(Expert) 02 November 2009
http://bombayhighcourt.nic.in/site/proceeding/limit.html
prakash vathore
(Querist) 02 November 2009
thanx, actually i want to prefer and appeal against the order of single judge high court original side. that order is interlocutory.
Raj Kumar Makkad
(Expert) 02 November 2009
Vishal I also pay my heartely thanx to you for providing such detailed knowledge on the subject.
