Interested to Buy Any Domain ? << Click Here >> for more details...
An application for execution of a decree is filed with some
delay ie beyond the prescribed period of limitation-
(A) delay can be condoned by invoking section 5 of the
Limitation Act
(B) delay can be condoned under section 148 CPC
(C) delay can be condoned under the inherent powers of the
court under section 151 CPC
(D) None of the above
- 3 Answers
- 7843 Views
- I also Faced
- E-Mail Answers
Answer Posted / k garg
Discussion:
Section 5 Limitation Act applies to matters other than a Suit or an application for execution.
Therefore, the delay cannot be condoned under the Limitation Act as Section 3 provides for an absolute restraint.
So far as, Section 148 CPC is concerned, it will come into play to only if the time limit is prescribed under CPC itself and not otherwise. Since, the time period to file an execution application is concerned, the same is provided in Limitation Act.
therefore, again delay cannot be condoned under section 148 CPC
Now coming to 151 CPC, it has to be invoked to protect the interest of justice and not to counter any specific provision of law or to anything against the settled notion of law. therefore, again the delay cannot be condoned.
Therefore, the answer has to be (D) i.e. the delay cannot be condoned
| Is This Answer Correct ? | 1 Yes | 0 No |
Post New Answer View All Answers
if customer will not able to give form then in bill which tax should i charge
Would it be a good idea for there to be a minimum IQ for jurors in a trial?
Many times,civil cases result in compromise and settlement agreements. When was the last time you successfully negotiated your stance?
WHEN CAN CAPITAL RESERVE BE CONVERTED INTO GENERAL RESERVE IN THE CASE OF AMALGATION OF COMPANIES?
A father promises to give his daughter £100 a week during her time at university. After the first term, he decides she needs to be more self-reliant and stops paying her. Can she sue him for breach of contract?
A Customs Inspector is required to apply laws and regulations. What experience do you have in applying laws and regulations?
What will be the value of "F" forms in case of stock transfer to consignment agent?
What is LC (latter of Credit) what is it use. Whos make LC & Why. How can we ammended a LC is it Posible to ammendment in LC if Yes (How)if no (How)& what we do that LC
what is the procedure of registering a company?
I belong from Other Backward Class Category I want to Purchase land of ST category Man . What is Process. ? Please tell me.
Name the president of constituent assembly ?
Where does honesty fit into Law?
HOW TO CALCULATE PF OF A WORKER(Labour) WHOSE DAILY RATE IS 350.00?If his total working days for a month is 15 days? His total Basic wages comes = Rs.350.00x15=Rs.5250.00 As his Basic wages is less from Rs.6500.00 it is PF payable. Whether it is payable or not?
Should those who make the laws (i.e. politicians) and those who enforce the laws (i.e. judges) be kept separate?
What effect on the whole of society does someone crashing into a lamppost have? Does a girl scout have a political agenda?
