GOPAL SARDAR versus KARUNA SARDAR

Section 5 of the Limitation Act, 1963 does not apply to applications made under Section 8 of the West Bengal Land Reforms Act, 1955 due to the Act being a self-contained code, absence of provision for condonation of delay under Section 8, and intentional legislative exclusion, satisfying the requirements of Section 29(2) of the Limitation Act.

Parties: Appellant: Gopal Sardar; Respondent: Karuna Sardar; Appellant: Appellant in C.A. No. 444/2000; Respondent: Respondent in C.A. No. 444/2000
Jurisdiction: India
Judgment Date: 09 March 2004
Procedural Posture: Civil Appeal / Final Judgment
Outcome: C.A. No. 4688/98 allowed, C.A. No. 444/2000 dismissed
Legal Topics: Pre Emption, Limitation Under Special Statutes, Express Exclusion of Limitation Act

Land Law Limitation Law Pre Emption Limitation Under Special Statutes Express Exclusion of Limitation Act

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Full judgment text Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 2

Parties

Gopal Sardar

Appellant

Karuna Sardar

Respondent

Appellant in C.A. No. 444/2000

Appellant

Respondent in C.A. No. 444/2000

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

1 Whether Section 5 of the Limitation Act, 1963 is applicable to an application made under Section 8 of the West Bengal Land Reforms Act, 1955, having regard to Section 29(2) of the Limitation Act

Ratio Decidendi

Court Disposition

C.A. No. 4688/98 allowed, C.A. No. 444/2000 dismissed

Orders

Impugned order in C.A. No. 4688/98 set aside, application under Section 8 dismissed with no order as to costs
C.A. No. 444/2000 dismissed, no costs