Power To Condone Delay Under Sec 5 Limitation Act Applies To Special Or Local Laws If It Is Not Expressly Excluded : SC [Read Judgment]
5 years, 4 months ago

Power To Condone Delay Under Sec 5 Limitation Act Applies To Special Or Local Laws If It Is Not Expressly Excluded : SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that the power to condone delay under Section 5 of the Limitation Act is applicable to proceedings under special or local laws if it is not expressly excluded by such laws.Applying this principle, the bench comprising Justices Arun Mishra, M R Shah and BR Gavai held that Section 5 of the Limitation Act can be invoked to condone the delay in filing revision to. In this case Slapper and another Vs Excise and Taxation Officer), the Supreme Court was considering an appeal against a judgment of the Himachal Pradesh High Court which had held that held that Section 5 of the Limitation Act cannot be invoked to condone the delay in filing revision under Section 48 of the HP VAT Act. While considering the appeal against this judgment, the Supreme Court at the outset referred to Section 29 of the Limitation Act, which states that Sections 4 to 24 of the Limitation Act will apply in respect of any suit, appeal or application under any special law or local law to the extent to which, they are not expressly excluded by such special or local law In Patel Brothers v. State of Assam & Ors., 2017 SCC 350, the SC had held that even in the absence of express exclusion of the provisions of the Limitation Act, it is open to a court to consider implied exclusion. The Supreme Court however distinguished Patel Brothers case pointing out that it was based on Section 84 of the Assam VAT Act which had the effect of excluding Section 5 of the Limitation Act.

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History of this topic

Limitation Act Doesn't Apply To Appeals Preferred Before Collector Under Section 70 Of Chit Funds Act: Andhra Pradesh High Court
1 month, 2 weeks ago

Limitation Act Doesn't Apply To Appeals Preferred Before Collector Under Section 70 Of Chit Funds Act: Andhra Pradesh High Court

Live Law  

Andhra Pradesh High Court has clarified that the Limitation Act does not apply to Section 70 of the Chit Funds Act, 1982 which stipulates that an appeal against the order passed by the Deputy Registrar of Chits should be filed with 2 months. But, any specific power has not been conferred to the appellate authority under Section 70 of the …

Not Being Aware Of Legal Remedy Not Ground To Condone Delay: Punjab & Haryana High Court
3 months, 2 weeks ago

Not Being Aware Of Legal Remedy Not Ground To Condone Delay: Punjab & Haryana High Court

Live Law  

"It is the duty of all Courts of justice, to take care for the general good of the community, that hard cases do not make bad law,” quoted the Punjab & Haryana High Court while refusing to allow plea for condonation of delay filed asserting lack of proper legal advice.Justice Sumeet Goel said, "A mere bald assertion of not having …

S.5 Limitation Act Applies To Rectification Of Orders U/S 31 Of UP VAT Act: Allahabad High Court
1 year ago

S.5 Limitation Act Applies To Rectification Of Orders U/S 31 Of UP VAT Act: Allahabad High Court

Live Law  

The Allahabad High Court has held that Section 5 of the Limitation Act will apply to rectification of orders passed by officer, authority, Tribunal or the High Court under Section 31 of the Uttar Pradesh Value Added Tax Act, 2008. Section 31 of the Uttar Pradesh Value Added Tax Act, 2008 provides that any officer, authority, Tribunal or the High …

Statutory Appeal Period Under Customs Act, Appellate Authority Has No Power To Condone Delay: Delhi High Court
1 year, 5 months ago

Statutory Appeal Period Under Customs Act, Appellate Authority Has No Power To Condone Delay: Delhi High Court

Live Law  

The Delhi High Court has held that the appellate authority has no power to allow the appeal to be presented beyond the period of 30 days.The bench of Justice Yashwant Varma and Justice Dharmesh Sharma has relied on the decision of the Supreme Court in the case of Singh Enterprises vs. Commissioner of Central Excise, Jamshedpur & Ors., in which …

Can the Writ Court Condone Delay Beyond Time Limit Under GST Act: Madras High Court Refers Issue To DB
2 years, 2 months ago

Can the Writ Court Condone Delay Beyond Time Limit Under GST Act: Madras High Court Refers Issue To DB

Live Law  

The Madras High Court has referred to the division bench the issue of the power of the high court under Article 226 to condone the delay beyond the maximum time limit stipulated under the GST Act.The single bench of Justice Abdul Quddhose has observed that there were two contradictory views expressed by two judges of the Madras High Court.The petitioners …

Applicability Of Limitation Act Barred When Special Act Provides For Limitation Period Along With Its Extension: MP High Court Reiterates
2 years, 3 months ago

Applicability Of Limitation Act Barred When Special Act Provides For Limitation Period Along With Its Extension: MP High Court Reiterates

Live Law  

The Madhya Pradesh High Court, Indore Bench recently reiterated that applicability of the Limitation Act would be barred in cases governed by a special Act which provides for the provision of limitation period and its extension. Justice Subodh Abhyankar added that even if the provisions of the Limitation Act are not specifically excluded, its operation would be barred when the …

No Litigant Can Assume As A Matter Of Right Court's Power To Condone Delay, Rights Accruing To Opposite Party Need To Be Kept In Mind: Delhi HC
3 years, 7 months ago

No Litigant Can Assume As A Matter Of Right Court's Power To Condone Delay, Rights Accruing To Opposite Party Need To Be Kept In Mind: Delhi HC

Live Law  

The Delhi High Court has observed that no litigant can assume, as a matter of right, the Court's power to condone delay and that the rights accruing to opposite party on account of the delayed action also needs to be kept in mind while exercising such a power. An application was therefore filed by the Petitioner under Order VIII Rule …

Condonation of Delay In Filing Petitions Under Special/Local Law – Issue Should Be Heard By A Larger Bench
5 years, 4 months ago

Condonation of Delay In Filing Petitions Under Special/Local Law – Issue Should Be Heard By A Larger Bench

Live Law  

IntroductionTime limitation of filing a suit/appeal/application stands prescribed under provisions of the Limitation Act, 1963. The Supreme Court held that the Appellate Authority acts as a Court and not a persona designatum, it can condone the delay under Section 5 of Limitation Act as the two requirements for the applicability of Section 29 are satisfied, namely, different periods of limitation …

Sec 5 Limitation Act Not Applicable To Delay In Filing Appeal Under RFCTLARR Act : Karnataka HC [Read Judgment]
5 years, 5 months ago

Sec 5 Limitation Act Not Applicable To Delay In Filing Appeal Under RFCTLARR Act : Karnataka HC [Read Judgment]

Live Law  

The High Court of Karnataka has ruled that Section 5 of the Limitation Act cannot be invoked to condone delay in filing appeal against an award under the Right To Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013.A Division Bench comprising Justices B V Nagarathna and K Natarajan gave the ruling in the case The Deputy …

Delay Can’t Be Condoned In VAT Revisions, Says SC [Read Judgment]
8 years, 2 months ago

Delay Can’t Be Condoned In VAT Revisions, Says SC [Read Judgment]

Live Law  

Application of Section 5 of the Limitation Act, 1963, to a proceeding under Section 81 of the VAT Act stands excluded, the bench said.The Supreme Court, in M/S Patel Brothers vs. State of Assam, has held that the provisions of Section 5 of the Limitation Act, 1963, are not applicable in respect of revision petitions filed in the high court …

Appellate authorities under Special Statutes cannot be asked to condone the delay, beyond extended period of limitation: Madras HC [Read Judgment]
8 years, 9 months ago

Appellate authorities under Special Statutes cannot be asked to condone the delay, beyond extended period of limitation: Madras HC [Read Judgment]

Live Law  

Madras High Court in R.Gowrishankar vs. The Commissioner of Service Tax has held that Appellate authorities cannot be asked to condone the delay, beyond the extended period of limitationA Division Bench comprising of Justices S. Manikumar and D. Krishnakumar, made this observation while considering an appeal filed against Single Bench order declining to set aside the order made in the. …

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