Interplay of IB Code with Law on Limitation – The Consistent “Inconsistency” – Part III
by Akaant Kumar Mittal†
Cite as: 2021 SCC OnLine Blog Exp 46
limitation
Interplay of IB Code with Law on Limitation – Putting to Rest Section 18 Dilemma – Part II
by Akaant Kumar Mittal†
Cite as: 2021 SCC OnLine Blog Exp 33
Chh HC | Legislature does not prescribe limitation with the object of destroying the rights of parties; Word “sufficient cause” to be given liberal construction
Chhattisgarh High Court: Rajendra Chandra Singh Samant, J., allowed the petition and set aside the impugned order. The facts of the case
Short delay in filing appeals under section 37 of the Arbitration Act can be condoned in exceptional cases. Here’s why Supreme Court overruled N.V. International verdict
Supreme Court: The 3-judge bench of RF Nariman, BR Gavai and Hrishikesh Roy, JJ has held that given the object of speedy
3 years’ limitation period ‘unduly long’; Necessary for Parliament to fill the vacuum by prescribing a specific period of limitation under Section 11 of the Arbitration and Conciliation 1996: SC
3 years is an unduly long period for filing an application under Section 11, since it would defeat the very object of the Act, which provides for expeditious resolution of commercial disputes within a time bound period.
COVID-19| ‘Country is returning to normalcy; Courts/Tribunals are functioning’; Supreme Court ends extension of limitation period for filing petitions/applications/suits/appeals, etc.
“We are of the opinion that the order dated 15.03.2020* has served its purpose and in view of the changing scenario relating to the pandemic, the extension of limitation should come to an end.”
Limitation for challenging arbitral award can only commence from date of receipt of signed copy and not from the receipt of draft: Supreme Court
Supreme Court: The bench of Indu Malhotra* and Ajay Rastogi, JJ was posed with the question as to whether the period of
Supreme Court spells out if consumer fora can apply the New India Assurance company Ltd judgment prospectively and accept the written statement beyond 45 days
Supreme Court: The bench of Dr. DY Chandrachud and MR Shah, JJ has held that consumer fora has no jurisdiction and/or power
HP HC | Whether a dispute relating to an election of a local body maintainable before High Court under Art. 226 of Constitution of India? HC explains in light of settled position of law
Himachal Pradesh High Court: Jyotsna Rewal Dua J., dismissed the petition being non-maintainable. The petitioner by way of this instant petition has
CESTAT | Denial of credit barred by limitation; Tribunal allows appeal
Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal which was filed against the impugned order
2020 Roundup: 11 Constitution bench judgments, 17 judges, Zero dissent
♦ Did you know? In the year 2020, All the Constitution bench verdicts were unanimous with no dissenting opinion. 9 out of
Signature obtained by fraud? Burden of proof is on the party alleging such forgery; says SC
Supreme Court: The bench of AM Khanwilkar* and Dinesh Maheshwari, JJ has held that for invoking Section 17 of the Limitation Act,
Is right to pre-emption a recurring right or exercisable only the first time? SC answers
Supreme Court analyses whether the right of pre-emption can be enforced for an indefinite number of transactions or it is exercisable only the first time.
Pat HC | Court upholds the constitutional validity of S. 234E of Income Tax Act; petition challenging the same disposed
Patna High Court: In a petition alleging Section 234E of the Income Tax Act, 1961 to be unconstitutional, ultra vires and in
SC gives a go ahead to enforcement of Malaysian arbitral award in Government versus Vedanta; says it doesn’t contravene public policy of India
Supreme Court: The 3-judge bench of SA Nazeer, Indu Malhotra and Aniruddha Bose, JJ has dismissed Central Government’s plea against enforcement of
Madras HC | Limitation provided under CrPC is applicable to complaints under Domestic Violence Act: Court rejects complaint filed after lapse of 1 yr 10 months
Madras High Court: G.K. Ilanthiraiyan, J., quashed the proceedings filed under the Domestic Violence Act in light of being barred by limitation.
COVID-19| SC’s March 23 order on extension of limitation not applicable to the period of filing charge sheet under Section 167(2) CrPC
Supreme Court: The 3-judge bench of Ashok Bhushan, SK Kaul and MR Shah, JJ has held that it’s order dated 23.03.2020, wherein
Supreme Court releases a list of 1239 matters likely to be heard from June 1
The Supreme Court Registry has notified the list of 1239 matters that are likely to be heard by the Supreme Court through
COVID-19| SC extends limitation prescribed under the A&C, 1996 and the NI Act,1881
Supreme Court: The 3-judge bench of SA Bobde, Deepak Gupta and Hrishikesh Roy, JJ has directed extended the limitation prescribed under the
NCLT | Litigant public shall abide by Supreme Court order with regard to limitation
1. With regard to Limitation, it is clear that the order dated 23.3.2020 passed by Hon’ble Supreme Court in suo motu WP-03/2020