Supreme Court of India

Nasiruddin and Ors. v. Sita Ram Agarwal

Neutral citation
Bench V.N. Khare, S.B. Sinha and Dr. Ar. Lakshmanan JJ.
Decided 28 January 2003

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

16 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that Section 5 to the Limitation Act does apply to the appeals filed against the order of the learned Single Judge for the enforcement by way of a contempt.

Judgment, page 18

From the headnote

Rent Control and Eviction: Rajasthan Premises (Control of Rent and Eviction) Act, 1950-Section 13(4)-Default in deposit of rent-Applicability of Section 5 of Limitation Act-Held: Not applicable since the Rent Act did not confer power on the court to extend the period for depositing the rent or to condone the default­ Court can condone the default only when statute confers the power and not otherwise-Further since the deposit of rent does not require any application, provisions of Section 5 of Limitation Act cannot be extended where the default takes place in complying with an order under…

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