limitation Archives

Madras High Court dismisses contempt proceedings against presiding officer of family Court; Imposes Rs. 50,000 costs on the petitioner

Madras High Court held that the contempt petition is not maintainable and barred by limitation. Thus, dismissed contempt proceedings against the presiding officer of Family Court as he was not the presiding officer when the order was passed.

Case Briefs High Courts

Absence of application to condone delay barred by limitation; Madras High Court quashes FIR against self-styled Godman Shiva Sankar Baba

Madras High Court: In a criminal original petition filed under Section 482 of the Code of Criminal Procedure (CrPC) for

Case Briefs High Courts

Delhi High Court| Interpretation of an arbitration clause must be predicated upon a construction of the contract as a whole, and no particular word or phrase should be unduly emphasized to negate the clause of its true meaning

Delhi High Court: In a case filed by Panasonic India Private Limited (petitioner) seeking appointment of an arbitrator to adjudicate disputes which

Case Briefs High Courts

Delhi High Court| Negligence of counsel not a reasonable ground within Order XI Rule 1(5) CPC; Facts of the case must disclose ‘urgency’ to avail benefit under Or. XI R. 1(4) CPC

Delhi High Court: In a case filed by the petitioner challenging dismissal order in relation to an application filed seeking

Case Briefs High Courts

Delhi High Court | Arbitration cannot be invoked even by consent of the parties once the claim is found to be time-barred

Delhi High Court: In a case filed by Extramarks Education India Private Limited (petitioner) seeking appointment of an arbitrator to

Case Briefs Supreme Court

IBC-Limitation| Pendency of proceedings in a parallel forum not sufficient cause for delay in filing Section 9 IBC application: Supreme Court

“A claim may not be barred by limitation. It is the remedy for realisation of the claim, which gets barred by limitation.”

Case Briefs Supreme Court

Explained| Party willing to pay but has no funds: Will it amount to readiness and willingness for specific performance of a contract?

Supreme Court: In a suit for specific performance the Division Bench of Indira Banerjee* and Hrishikesh Roy, JJ., explained the

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC| Points of law regarding ‘limitation’ and ‘consumer’ should not be raised in revision just for the sake of prolonging a case

“The purpose of looking into the records of the lower fora in revision is principally to see whether any jurisdictional error or material irregularity has been committed, which has to be judged by seeing their orders in the light of the evidence and material placed before them i.e., the material which they were privy to when they passed their orders”

Case Briefs High Courts

Madras High Court applies doctrine of ‘substantial compliance’ to determine implications of limitation period in the Customs Act, 1962

Madras High Court: In a case where show cause notices were sent by Assistant Commissioner of Customs (Respondent 4) for short collection

Case Briefs Supreme Court

Twin conditions of furnishing declaration within time limit “mandatory” for exemption relief under Section 10B (8) of IT Act: Supreme Court

Karnataka High Court and ITAT committed a “grave error” in holding that the requirement of furnishing a declaration under Section 10B (8) of the Income Tax Act, 1961 (IT Act) is mandatory, but the time limit within which the declaration is to be filed is not mandatory but is directory.

Case Briefs Supreme Court

“State cannot hide behind delay & laches to evade it’s responsibility after acquiring land. There cannot be a ‘limitation’ to doing justice”, holds SC; Land Owners get compensated after decades

Supreme Court: In a case where the bench of S. Ravindra Bhat* and PS Narsimha, JJ was posed with the question as

Case Briefs Supreme Court

“Land owner cannot be deprived of the use of the land for years together”; SC sets aside Bombay HC’s direction to acquire a land almost 20 years after finalisation of development plan

Supreme Court: In a case where the Development Plan was finalized in the year 2002, but the same was never implemented nor

Case Briefs High Courts

fraus et jus nunquam cohabitant; Ori HC analyses how does prohibition under S. 362 CrPC operate viz-a- viz the inherent power of the High Court

It is the oft-repeated and a salutary principle of law that fraud and justice never dwell together (fraus et jus nunquam cohabitant)

Case Briefs Supreme Court

Explained| Which law to prevail if provisions of Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008 are in conflict with the Arbitration and Conciliation Act, 1996?

Supreme Court: In a case where the bench of Ajay Rastogi and Abhay S. Oka, JJ was deciding an issue relating to

Case Briefs High Courts

Raj HC│ Order of provisional attachment cannot survive beyond a period of one year in terms of S. 83 (2) CGST Act; Provisional attachment order stayed

Rajasthan High Court: A Division Bench of Akil Kureshi CJ and Sudesh Bansal J ranted interim relief and stayed the provisional attachment

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | When a Statute provides for a particular period of limitation, it has to be scrupulously applied, as an unlimited limitation leads to a sense of uncertainty

National Disputes Redressal Commission (NCDRC): The Coram of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member) expressed that, when a Statute

Case Briefs Supreme Court

Failure to provide occupancy certificate a deficiency in service under the Consumer Protection Act and also a continuing wrong: SC

Supreme Court: The bench of Dr. DY Chandrachud* and AS Bopanna, JJ has held that failure on the part of the builder

Case Briefs Supreme Court

Corporate Insolvency, Claims against Corporate Debtor and Period of Limitation; SC assesses impact of COVID-19 pandemic

Supreme Court: In a case relating to Corporate Insolvency, the Division Bench comprising of Indira Banerjee* and J.K. Maheshwari, JJ., quashed the

Case Briefs Supreme Court

COVID-19/Omicron surge yet again forces Supreme Court to extend period of limitation for filing of cases

Supreme Court: After the Supreme Court Advocates-on-Record Association approached the Court in light of the spread of Omicron, the new variant of

Case Briefs High Courts

MP HC | Dismissal of application under S. 34 of Arbitration and Conciliation Act of 1996 on ground of limitation will come within the purview of refusing to set aside an arbitration award

Madhya Pradesh High Court: Vishal Dhagat, J. allowed an arbitration appeal against an impugned order passed by the First ADJ of Balaghat