limitation Archives

National Consumer Disputes Redressal Commission

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

Case Briefs Supreme Court

Delay of 1011 days condoned by Andhra Pradesh HC! What a grave error, holds Supreme Court

Supreme Court: In a case where the Andhra Pradesh High Court had condoned a delay of 1011 days even though no sufficient

Case Briefs High Courts

Judgment on Admissions | Is Court justified in allowing application under Or. 12 R. 6 CPC for absence of material pleadings, presence of moonshine defence in WS? Del HC discusses

Delhi High Court: Asha Menon, J., held that, “Mere fact that the boundary walls had been built by the defendants cannot be

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Rejection of refund on the ground of limitation not justified; Appeal allowed

Customs, Excise & Service Tax Appellate Tribunal (CESTAT): Sulekha Beevi C.S., J. (Judicial Member) allowed an appeal wherein the refund was rejected

Case Briefs Supreme Court

Consumer Protection| Can written statement be accepted beyond 45 days? SC settles pre and post New India Assurance Company Verdict conundrum once and for all

The Supreme Court adopted a bright-line standard which obviates uncertainty on the legal position before the consumer fora and obviates further litigation.

Case Briefs Supreme Court

‘Acquiescence virtually destroys the right of the person’. SC distinguishes acquiescence from delay and laches

Supreme Court: Explaining the difference between acquiescence and delay and laches, the bench of L. Nageswara Rao and Sanjiv Khanna*, JJ has

Case Briefs High Courts

Law on appointment of arbitrator | What happens if parties fail to agree on arbitrator within 30 days from receipt of request by one party? Del HC explains

Delhi High Court: Sanjeev Narula, J., allowed an arbitration petition by appointing a sole arbitrator to adjudicate the disputes between the contesting parties.

Case Briefs Supreme Court

Land Acquisition| Applying 2-year limitation period as per Section 11A of 1894 Act for passing award in pending cases under Section 24(1)(a) of the 2013 Act impractical: SC

Supreme Court: In an important ruling on Land Acquisition and Requisition law, the bench of AM Khanwilkar and Sanjiv Khanna*, JJ has

Case Briefs Supreme Court

Explained| Section 263 of Income Tax Act: Date of order or receipt of order – When does the limitation clock starts ticking?

Supreme Court: Interpreting Section 263(2) of the Income Tax Act, 1961, the bench of MR Shah* and AS Bopanna, JJ has held that receipt

Case Briefs Supreme Court

IBC and Limitation| Words “order is made available to the aggrieved party” consciously omitted from Section 61(1)&(2): SC. Read why

“The IBC, as a prescriptive mechanism, affecting rights of stakeholders who are not necessarily parties to the proceedings, mandates diligence on the part of applicants who are aggrieved by the outcome of their litigation.”