1997 (9) TMI 43

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..... is as under : As per the petitioner/plaintiff he had pledged some gold ornaments worth Rs. 43,200 with respondent No. 3. It so happened that the income-tax authorities exercising powers under section 132 of the Income-tax Act, 1961, conducted a search of the premises belonging to the father-in-law of respondent No. 3. The father-in-law was staying in the same house, where respondent No. 3 is re .....

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..... en provided under section 132(11) of the 1961 Act. This is to the effect that if any person objects for any reason to an order of seizure made under sub-section (5) of section 132 of the Act, then such person can within a period of 30 days, from the date of search or seizure file an application before the authority specified in the aforementioned sub-section. It be further seen that there is a spe .....

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..... a period of 30 days. This period would begin from today. This is because the plaintiff/petitioner under bona fide belief was following a remedy in the civil court. This forum is obviously not available. As such, on the basis of the principle contained in section 14 of the Limitation Act, 1963, it would be just and proper to allow the petitioner to file objections. As such, if the objections are n .....

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