Limitation Act Archives

Del HC | Any judicial system which does not provide finality to disputes, can never earn the trust, confidence and goodwill of the society: HC highlights ‘Consent Decree’ and ‘Lawful Compromise’

Litigants think that they can ‘hop on and hop off the case’ at any stage without any consequence using the slogan ‘pure justice’.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | ‘Balance and Security Confirmation Letter’ is sufficient ‘acknowledgement of debt’ so as to extend limitation period for initiating insolvency proceedings under S. 7 IBC

National Company Law Appellate Tribunal (NCLAT): A Division Bench of Justice Venugopal M. (Judicial Member) and V.P. Singh (Technical Member) dismissed an

Case Briefs Supreme Court

Balance sheet entries can amount to an acknowledgement of liability under Section 18 of the Limitation Act, 1963: Supreme Court

Supreme Court: The 3-judge bench of RF Nariman, BR Gavai and Hrishikesh Roy, JJ has held that an entry made in the

Case Briefs High Courts

Ker HC | [Eviction and Rent Control] Rent Control Court has power under S. 5 of Limitation Act to condone delay, if sufficient cause is shown; Petition allowed

Kerala High Court: A. Hariprasad J., while hearing a revision petition, set aside the order passed by the Rent Control Appellate Authority,

Case Briefs High Courts

Chh HC | The word “sufficient cause” under S. 5 of Limitation Act should adopt a liberal and justice-oriented construction to advance justice

Chhattisgarh High Court: Sanjay K Agrawal J., allowed the appeal and condoned the delay while setting aside the impugned order. The facts

Case Briefs High Courts

Chh HC | Whether in a criminal proceeding, S. 14(1) of Limitation Act, 1963 would be applicable? Court not to apply beneficent provisions in a pedantic manner

Chhattisgarh High Court: Sanjay K Agrawal J., dismissed the petition being devoid of merits. The facts of the case are such that

Case Briefs High Courts

Ker HC | Is there a limitation period for wife to claim property entrusted to in-laws given in form of dowry? Court answers

Kerala High Court: A Full Bench of A.M. Shaffique, Sunil Thomas and Gopinath, JJ., held that there is no limitation period for wife/divorced wife

Case Briefs High Courts

Kar HC | Whether delay and latches be put against a person who approaches the Writ Court under Article 226 of the Constitution? HC determines

Karnataka High Court: S. G. Pandit J., rejected the petition on the ground of delay and latches. The facts of the case

Case Briefs High Courts

Kar HC | Unless fraudulent act proved, limitation for suits by or on behalf of State or Centre not maintainable after 30 years

Karnataka High Court: M.I. Arun, J. allowed the writ petition and declared the show cause notice or any subsequent proceeding as null

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Whether provisions of Limitation Act, 1963 vide S. 238A of I&B Code, 2016 will be applicable to all NPA cases or not? Tribunal answers

National Company Law Appellate Tribunal (NCLAT): Full Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Justice Anant Bijay Singh (Member, judicial) and

Op Eds OP. ED.

Exclusions From Limitation: Some oft used exclusions to save limitation

by Karl Shroff*

Case Briefs High Courts

Raj HC | Delay in filing of restoration application condoned due to missing of file to be attached by appellants within stipulated time

Rajasthan High Court: A Division Bench of Sangeet Lodha and P.K. Lohra, JJ. allowed an application for restoration and condoned the delay

Case Briefs Supreme Court

Plaintiff can take a plea of adverse possession under Article 65 of Limitation Act, 1963: SC

Supreme Court: The 3-judge bench of Arun Mishra, SA Nazeer and MR Shah, JJ has held that the Article 65 of Limitation Act, 1963 not only enables

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | Article 137 of Limitation Act not applicable to insolvency application under S.7 IBC where corporate debtor acknowledges debt in its balance sheet

National Company Law Tribunal, Mumbai: The Bench of Bhaskara Pantula Mohan, Member (Judicial) and V. Nallasenapathy, Member (Technical) allowed a petition filed by

Case Briefs High Courts

Del HC | Day on which money was transferred to be excluded while computing period of limitation for filing recovery proceedings

Delhi High Court: A Single Judge Bench comprising of Vinod Goel, J. dismissed a petition against the order of District and Sessions Judge,

Case Briefs High Courts

Decisive factor for condonation of delay is not length of delay but sufficient and satisfactory explanation

Gujarat High Court: A Single Judge Bench comprising of S.H. Vora, J. allowed the condonation of delay as the sufficient cause stands

Case Briefs High Courts

Appeal filed along with application for condonation of delay when dismissed is a decree within Section 2(2) CPC

Orissa High Court: A Single Judge Bench of Dr A.K. Rath, J., dismissed a writ petition challenging the order passed by the

Case Briefs High Courts

Cause of action in probate of will is continuing in nature – limitation starts from the date hindrance is posed to legatee of bequeathed property

Patna High Court: A Single Judge Bench comprising of Prabhat Kumar Jha, J. while hearing a civil writ petition held that in

Case Briefs High Courts

“Open, mutual and current account” exists only when there are shifting balances; cash payment simpliciter held not to extend limitation under Section 18, 19 limitation Act: Delhi HC

Delhi High Court: A Single Judge Bench comprising of Valmiki Mehta, J., dismissed a regular first appeal filed under Section 96 of

Case Briefs High Courts

Limitation Act does not apply to writ petitions; retired employee is entitled to receive interest on delayed pension: Cal HC

Calcutta High Court: A Single Judge Bench comprising of Arijit Banerjee, J. disposed of a writ petition by granting payment of interest