period of limitation Archives

Section 43(4) of Arbitration and Conciliation Act, 1996 does not create new window after expiry of limitation: Calcutta High Court

“The limitation for filing an application will start to run from the day when the cause of action accrues regardless of the existence of an arbitration clause.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Limitation period for appeals starts from date of Rectification Order when merged with Original Order: NCLAT

The NCLAT directed the Adjudicating Authority to hear and decide the application under Section 7 of the IBC expeditiously, treating it as not covered by Section 10A of the IBC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Date of default cannot be strictly construed as the date of Non-Performing Assets

In the instant matter, the Adjudicating Authority dismissed S. 7 IBC application on the ground of limitation and the Tribunal acknowledged that there was default and debt, and the application is not barred by limitation.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Time taken for preparation of the certified copy of the order/judgment excluded for limitation under Section 61 of the Insolvency & Bankruptcy Code, 2016

National Company Law Appellate Tribunal: Dismissing a time-barred appeal, the Principal Bench of National Company Appellate Tribunal comprising of Ashok Bhushan, J.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Even when an assessee has suppressed facts, the extended period of limitation can be invoked only when “suppression‟ or “collusion” is wilful with an intent to evade payment of duty; Tribunal decides

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Dilip Gupta (President) and C.J. Mathew (Technical Member) allowed an appeal

Case Briefs High Courts

Raj HC | Larger period of limitation for filing appeals prescribed in Hindu Marriage Act would prevail over the period prescribed under Family Courts Act

Rajasthan High Court: A Division Bench of Mohammad Rafiq and Narendra Singh Dhaddha, JJ. quashed the appeal which pointed out that the

Case Briefs High Courts

Raj HC | Period of limitation for preferring an appeal against a decision of Family Court is 90 days; S. 28 of HMA, 1955, to override the Family Courts Act

Rajasthan High Court: A Division Bench of Mohammad Rafiq and Narendra Singh Dhaddha, JJ. while harmonizing the provisions contained under Section 19

Case Briefs High Courts

Recovery of amount which is barred by limitation not allowed under Article 226; application for refund of fees against MCI rejected

Delhi High Court: A Single Judge Bench comprising of Vibhu Bhakru, J. dismissed a writ petition filed for recovering the application fee

Case Briefs High Courts

No provision for exempting time lost due to ‘carelessness of counsel’ while computing limitation: Sikkim HC

Sikkim High Court: A Single Judge Bench comprising of Meenakshi Madan Rai, J.,decided an application for condonation of delay filed under Order

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC: Complaint liable to be dismissed, if filed beyond the period of limitation

National Consumer Dispute Redressal Commission: The Commission held that if a complaint is filed beyond a period of two years from when