Limitation Act, 1963

June 25, 2022

Limitation Act, 1963 (36 of 1963), Section 14(2) - Expression ‘Court’ - Keeping in mind the scope and ambit of...

CrPC S. 439 – Bail applications – Victim – It shall be obligatory upon the High Court to provide them a legal aid counsel with adequate experience in criminal law

Limitation – When stakes are high, the explanation should not be rejected by taking a pedantic and hyper technical view of the matter, causing thereby irreparable loss and injury to the party against whom the lis terminates –

Limitation - It is true that a valuable right may accrue to the other party by the law of limitation,...

Service matter – 100% reservation , not permissible.

Limitation Act, S. 14 – The substantive provisions of Sub-sections (1), (2) and (3) of Section 14 do not say that Section 14 can only be invoked on termination of the earlier proceedings, prosecuted in good faith – Section 14 excludes the time spent in proceeding in a wrong forum, which is unable to entertain the proceedings for want of jurisdiction, or other such cause.

Limitation Act, 1963 (36 of 1963), Section 14 – Does not say that Section 14 can only be invoked on...

Limitation Act S. 5 – Merely because sufficient cause has been shown, a party is not entitled to the condonation of delay in question as a matter of right if sufficient cause is not proven – Commercial Courts Act 2015

Banking

IBC S. 238A – Limitation – We see no reason why Section 14 or 18 of the Limitation Act, 1963 should not apply to proceeding under Section 7 or Section 9 of the IBC – Section 238A of the IBC makes the Limitation Act applicable to proceedings in NCLT/NCLAT ‘as far as may be’ and/or in other words, to the extent they may be applied

Insolvency and Banking Code, 2016 (31 of 2016), Section 238A - Another civil proceeding whether in a Court of first...

Limitation Act, 1963 (36 of 1963), Section 5 – Delay – Condonation – Delay can be condoned irrespective of whether there is any formal application, if there are sufficient materials on record disclosing sufficient cause for the delay – Section 5 of the Limitation Act, 1963 does not speak of any application.

Limitation Act, 1963 (36 of 1963), Section 5 – Delay - Condonation - Delay can be condoned irrespective of whether...

Limitation Act, Art. 61 – Usufructual mortgage – Right to redeem has been held to continue till the mortgage money is paid for which there is no time limit.

June 7, 2022

Limitation Act, Art. 61 - Usufructual mortgage - Right to redeem has been held to continue till the mortgage money...

Mesne Profits – Are to be considered on the basis of evidence led before the Court

CPC

CPC S. 47 – Limitation – Application that period spent by him in prosecuting application for review be deducted for the period of calculating limitation should be deducted is not acceptable

May 23, 2022

Civil Procedure Code, 1908 (V of 1908) Order 47 – Limitation Act, 1963 (36 of 1963) Section 9 – Once...

Contract – Court is expected to gather the intent of the parties which they had while entering into the contract from the reading of the complete contract.

Limitation – Once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it.

May 22, 2022

Limitation Act, 1963 (36 of 1963) Section 9 – Clearly provides that where once time has begun to run, no...

NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

IBC

[SC – 29.3.22] Limitation Act 1963 S.18 – IBC S. 8, S.9 – Affect of cheques issued alongwith a covering letter – Failure of the NCLAT as the first appellate authority to look into a very vital aspect vitiates its order. 2022 SCeJ 0416, 2022 PLRonline 1794

April 10, 2022

LogIn with SUPREME COURT e@JOURNAL subscription for full text / Download Limitation Act 1963 S.18 - Insolvency and Bankruptcy Code...

Limitation Act, Section 3 – Second Appeal – Substantial question of law – Plea of limitation could have been taken in the Second Appeal before the High Court only if the issue was raised was a pure question of law

February 21, 2022

Limitation Act, Section 3 - Second Appeal - Substantial question of law - Plea of limitation could have been taken...

CIVIL

Limitation Act S. 5 – Sufficient cause

Limitation Act S. 5 – Sufficient cause - Held, What needs to be emphasised is that even though a liberal...

Limitation Act, S. 5 – State – Public Interest

Limitation Act S. 5 – State – Public Interest - In cases involving the State and its agencies/instrumentalities, the Court...

CIVIL

Limitation Act – State – Public interest

Limitation Act, S. 5 - State - Public interest - It is true that when the State and its instrumentalities...

CIVIL

Limitation Act and Public interest

Limitation Act, S. 5 - Public interest - Dragging the landlosers to courts of law years after the termination of...

Statutes of limitation – Meant to see that the parties do not resort to dilatory tactics but avail their legal remedies promptly.