Hi, help us enhance your experience
Hi, help us enhance your experience
Hi, help us enhance your experience
759 Views
eMediNexus 04 January 2022
Consumer Protection Act, 1986
“24A. Limitation period
(l) The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
(2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (l), if the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period: Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Forum, as the case may be, records its reasons for condoning such delay.”
“23. Appeal. Any person, aggrieved by an order made by the National Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of section 21, may prefer an appeal against such order of the Supreme Court within a period of thirty days from the date of the order: Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period.
Provided further that no appeal by a person who is required to pay any amount in terms of an order of the National Commission shall be entertained by the Supreme Court unless that person has deposited in the prescribed manner fifty per cent of that amount or rupees fifty thousand, whichever is less.”
Medical Council of India
Clause 8.8 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. “Any person aggrieved by the decision of the State Medical Council on any complaint against a delinquent physician, shall have the right to file an appeal to the MCI within a period of 60 days from the date of receipt of the order passed by the said Medical Council:
Provided that the MCI may, if it is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of 60 days, allow it to be presented within a further period of 60 days.”
In an appeal in the MCI against order DMC/DC/F.14/Comp.580/2010, dated 23.09.2010 passed by the Council filed by Mr NK (F.No.839/2010): “The MCI Ethics Committee noted that the complaint of the complainant has not been examined by DMC and the same has been rejected only on the grounds of delay in filling the complaint. The Committee is of the opinion, that this cannot be a ground to reject the complaint, as manifestation of complication due to surgery, may arise even afterwards, so this alone cannot be a sufficient reason and the complaint should be examined on merit. Moreover, no reasons have been given by the DMC to come to the conclusion therefore, the matter be returned back to Delhi Medical Council to examine and give reasons for rejections.” |
National Consumer Disputes & Redressal Commission (NCDRC)
“14. Limitation.
(1) Subject to the provisions of sections 15, 19 and 24A, the period of limitation in the following matters shall be as follows:-
(2) Subject to the provisions of the Act, the Consumer Forum may condone the delay in filing an application or a petition referred to in sub-regulation (1) if valid and sufficient reasons to its satisfaction are given.”
Code of Criminal Procedure (CrPC)
“Section 468: Bar to taking cognizance after lapse of the period of limitation
“Section 469: Commencement of the period of limitation
“Section 470: Exclusion of time in certain cases
Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it.
Explanation – In computing the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be excluded.
{{Article_Title}}
{{Article_Author}}
{{Article_Title}}
{{Article_Author}}