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Wednesday, March 4, 2026

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Home Various Acts Practice and Procedure

Tribunals would be subordinate to the High Court insofar as the territorial jurisdiction of the High Court is concerned

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Limitation Act S. 5, 14 – Acceptance of explanation furnished should be the rule and refusal an exception, when no negligence or inaction or want of bona fides can be imputed to the defaulting party

Court Fees Act, Section 7(iv)- Valuation – Principles governing the valuation of the suits – Court, observed that the plaintiff’s assessment in such a plaint about the amount due to his share was a guesswork in the absence of any cogent material and would not constitute objective standard of valuation – Suits Valuation Act, Section 9.

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Limitation Act, 1963 (36 of 1963), S. 14(2) – Expression ‘Court’ – Keeping in mind the scope and ambit of proceedings under the IBC before the NCLT/NCLAT, the expression ‘Court’ in Section 14(2) would be deemed to be any forum for a civil proceeding including any Tribunal or any forum under the SARFAESI Act.

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Court Fees Act, Section 7(iv)- Valuation - Principles governing the valuation of the suits - Court, observed that the plaintiff’s assessment in such a plaint about the amount due to his share was a guesswork in the absence of any cogent material and would not constitute objective standard of valuation - Suits Valuation Act, Section 9.

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