Supreme Court · 2004 INSC 608 · Decided 14 October 2004
Fairgrowth Investments LTD. v. The Custodian
- Court
- Supreme Court of India
- Citation
- 2004 INSC 608 · [2004] SUPP. 5 S.C.R. 505
- Case number
- CIVIL APPEAL No. 4065/2004
- Decided
- 14 October 2004
- Bench
- RUMA PAL, ARUN KUMAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Limitation Act Section 4(2), 5, 29(2)
Headnote
B Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992/Limitation Act, 1963-Section 4(2)/ Sections 5 and 29(2)-Petition u/s 4(2)-Beyond the limitation period-Condonation of delay-Permissibility of-Held: The delay in filing the petition cannot be condoned-The be condoned u/s 5 of Limitation Act by virtue of applicability of Section 29(2) of Limitation Act-Section 29(2) does not apply to the statute as the statute had excluded application of Limitation Act. Judicial Propriety-Judicial pronouncement-Two views-One by D Division Bench another by larger
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