The Applicability Of The Law Of Limitation To Petitions Filed Before The District Judge Under The P & MP Act, 1962
6 years, 3 months ago

The Applicability Of The Law Of Limitation To Petitions Filed Before The District Judge Under The P & MP Act, 1962

Live Law  

The legal issue which has impelled me to right this Article is as to whether Section 5 of the Limitation Act, 1963, enabling condonation of delay on the ground of sufficient cause, is applicable to applications filed before a District Judge under sub-section or under sub-section of Section 10 of the Petroleum and Minerals Pipelines Act,. 6) Kerala State Electricity Board v. T. P. Kunhalumma – AIR 1977 SC 282 – 3 Judges of the Indian Telegraph Act, 1885 for determination of compensation indicates that the “District Judge” acts judicially as a Court and by virtue of Section 3 of the General Clauses Act, 1897 District Judge means the Judge of a Principle Civil Court of original jurisdiction other than the High Court in the exercise of its original civil jurisdiction. This departure made by the Legislature was taken note of by the Supreme Court in paragraph 7 of Mangu Ram and Another v. Municipal Corporation of Delhi – AIR 1976 SC 105 and in paragraph 9 of Gopal Sardar v. Karuna Sardar – AIR 2004 SC 3608 to hold that while under old Section 29 Section 5 of the Limitation Act, 1908 was specifically excluded for the purpose of determining the period of limitation prescribed for any suit, appeal or application by any special or local law, under new Section 29 Section 5 of the Limitation Act, 1963 shall automatically apply in the case of any special or local law unless expressly excluded by such special or local law. The learned Judges in M.P Steel Corporation, having noticed in paragraph 28 that Mukri Gopalan was distinguished in Om Prakash v. Ashwani Kumar Bassi – 9 SCC 183 on the ground that the District Judge discharging the functions of the Appellate Authority was a Court and not a persona designata and, therefore, entitled to resort to Section 5 of the Limitation Act, were, in my humble opinion, not justified in observing that Mukri Gopalan was not in tune with other binding decisions. After bestowing my anxious consideration to the statutory provisions and the relevant case law, I am of the considered opinion that the District Judge deciding the quantum of compensation under Section 10 and apportionment of compensation under Section 11 of the P & MP Act, is not acting as a persona designata but as a Court to which Sections 4 to 24 of the Limitation Act, 1963 is applicable and that there is no express or implied exclusion of those provisions either in the P & MP Act or in the P & MP Rules, within the meaning of Section 29 of the Limitation Act, 1963.

Law India Kerala Compensation Judges Court Gujarat Customs Land Tribunals Courts Limitation Judge Schedule Tribunal State Cpc District Filed Corporation Bench Kseb Rent Control Gail Gopalan Collector Section 8 Authority Cce Section 3 Section 11 Section 10 Whose Jurisdiction 90 Days Section 17 District Judge Labour Court Section 14 Section 5 60 Days Rule 5 Scc Section 5 Of Competent Authority Sufficient Cause Section 29 Rou 3 Judges Commanding Officer Section 14 Of Pel Mangu Ram Further Delay That Court Applicability Judicial Opinion Mukri Gopalan Parson Tools P Act Persona Designata Kunhalumma  authority  judge  v  limitation  applicability  land  district  law  mp  court  p  act  compensation  filed  petitions

History of this topic

Benefit Of S.14 Of Limitation Act Extends To Delayed Filing Of Petition U/S 34 Of A&C Act Due To Prosecution In Good Faith In Another Court: Bombay HC
3 days, 18 hours ago

Benefit Of S.14 Of Limitation Act Extends To Delayed Filing Of Petition U/S 34 Of A&C Act Due To Prosecution In Good Faith In Another Court: Bombay HC

Live Law  

The Bombay High Court bench of Justices G. S. Kulkarni and Advait M. Sethna has held that the benefit of Section 14 of the Limitation Act, 1963 can be extended to the petitioner who committed delay in filing an application to set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 due to the prevailing …

Time Spent Before 'Wrong' Court Excluded U/S 14 Of Limitation Act While Calculating Limitation Period U/S 34 Of Arbitration Act: Delhi High Court
3 weeks, 1 day ago

Time Spent Before 'Wrong' Court Excluded U/S 14 Of Limitation Act While Calculating Limitation Period U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Dharmesh Sharma has held that during the calculation of the limitation period of three months for the application under Section 34 of the Act, the time during which the applicant was prosecuting such application before the wrong court is excluded. Brief Facts of the case: The appellant has filed an appeal under Section …

Courts Have No Power To Extend Prescribed Period Of Limitation On Grounds Of Equity And Justice: Karnataka High Court
1 month ago

Courts Have No Power To Extend Prescribed Period Of Limitation On Grounds Of Equity And Justice: Karnataka High Court

Live Law  

The Karnataka High Court has said that Law of Limitation may harshly affect a particular party; but it has to be applied with all its rigour when the statute so prescribes. A division bench of Justice Krishna S Dixit and Justice G Basavaraja observed thus while dismissing a petition filed by one Kailasam P challenging the order of the Debt …

Andhra Pradesh VAT Act | Pleadings On Suppression Of Material Facts, Wilful Evasion Of Tax Are Sine Qua Non For Invoking S.21(5): High Court
1 month, 2 weeks ago

Andhra Pradesh VAT Act | Pleadings On Suppression Of Material Facts, Wilful Evasion Of Tax Are Sine Qua Non For Invoking S.21(5): High Court

Live Law  

The Andhra Pradesh High Court has held that pleadings relating to suppression of material facts, in an assessment order are the sine qua non for invoking section 21; by way of which limitation for filing an assessment order is extended to 6 years from 4 years. "There is nowhere any mention of suppression of facts, much less, wilful suppression of …

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 …

Limitation Period To Reset When Part-Payment Of Debt Is Made By Personal Guarantor U/S 19 Of Limitation Act: NCLT Delhi
2 months, 2 weeks ago

Limitation Period To Reset When Part-Payment Of Debt Is Made By Personal Guarantor U/S 19 Of Limitation Act: NCLT Delhi

Live Law  

The National Company Law Tribunal Delhi comprising of Justice Subrata Kumar Dash and Justice Ashok Kumar Bhardwaj dismissed an appeal filed by the personal guarantors of the principal debtor M/s VCRM Petrochemicals Pvt. Ltd. stating that the appeal falls within the ambit of limitation period as prescribed under Section 19 of Limitation act, 1963 and that the Liquidator can institute …

Period From 15.03.2020 To 28.02.2022 Shall Stand Excluded As Per SC Judgment In 'Re:Cognizance For Extension Of Limitation': NCLAT
2 months, 2 weeks ago

Period From 15.03.2020 To 28.02.2022 Shall Stand Excluded As Per SC Judgment In 'Re:Cognizance For Extension Of Limitation': NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Yogesh Khanna and Mr. Ajai Das Mehrotra has held that period from 15.03.2020 to 28.02.2022 shall stand excluded in light of the Supreme Court judgment in In Re: Cognizance for Extension of Limitation for the purpose of calculating the limitation period while filing an application under section 9 of the code. However, after …

[LARR Act, 2013] Court Cannot Condone Delay Beyond 120-Day Period In Appeal Against Award Of Compensation: Bombay High Court
2 months, 2 weeks ago

[LARR Act, 2013] Court Cannot Condone Delay Beyond 120-Day Period In Appeal Against Award Of Compensation: Bombay High Court

Live Law  

The Bombay High Court has observed that a delay in filing an appeal against the award of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 cannot be condoned by the court beyond a period of 120 days as provided under Section 74 of the Act. The Court stated that as Section …

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court
3 months ago

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court

Live Law  

The Jharkhand High Court has under Order 23 Rule 2 of the Civil Procedure Code, the limitation period for a fresh suit instituted with court permission applies as if the original suit had never been filed. Order 23 CPC pertains to withdrawal and adjustment of suits wherein Rule 2 states that in any fresh suit instituted on permission granted under …

S. 14 Limitation Act Applicable To Arbitration & Conciliation Act : Supreme Court
3 months, 2 weeks ago

S. 14 Limitation Act Applicable To Arbitration & Conciliation Act : Supreme Court

Live Law  

The Supreme Court has held that Section 14 of the Limitation Act, 1963 is applicable to the Arbitration and Conciliation Act, 1996.Section 14 of the Limitation Act provides for the exclusion of the time spent in pursuing bona fide proceedings in a wrong forum from the computation of the period of limitation.A bench comprising Justice PS Narasimha and Justice Manoj …

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

Limitation Act | Justice-Oriented Approach Though Liberal, Cannot Be Used To Defeat Substantial Law: Himachal Pradesh High Court
7 months, 1 week ago

Limitation Act | Justice-Oriented Approach Though Liberal, Cannot Be Used To Defeat Substantial Law: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court, in a recent judgment held that though the justice-oriented approach in dealing with condonation of delay is liberal, it cannot be used to defeat the provisions of substantial law. Justice Dua reiterated the principle put forward by the Apex Court that “in order to advance substantial justice, though liberal, justice-oriented approach and cause of substantial …

S. 4 Limitation Act Can't Be Invoked Using 30-Day Extension For Arbitration Appeals Filed Beyond 3-Months From Award: Supreme Court
8 months, 2 weeks ago

S. 4 Limitation Act Can't Be Invoked Using 30-Day Extension For Arbitration Appeals Filed Beyond 3-Months From Award: Supreme Court

Live Law  

The Supreme Court reiterated that if an arbitral award is challenged beyond the three-month limitation, the benefit of section 4 of the Limitation Act will not be available. The Court held that the 30-day extension period mentioned in the proviso to Section 34 of the Arbitration and Conciliation Act 1996 cannot be included in the "prescribed period" in Section 4 …

S.5 Limitation Act Does Not Apply To Application U/S 34 Arbitration Act, Timeline Provided To Be Adhered Strictly: Allahabad High Court
10 months, 1 week ago

S.5 Limitation Act Does Not Apply To Application U/S 34 Arbitration Act, Timeline Provided To Be Adhered Strictly: Allahabad High Court

Live Law  

The Allahabad High Court has held that Section 5 of the Limitation Act does not apply to proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 and the timeline provided in Section 34 for challenging an arbitral award must be strictly adhered to. Proviso to Section 34 empowers Court to condone a delay of 30 days if sufficient …

Limitation Act | Doesn't Encompass Long Delays, Condonation Only In Exceptional Cases: Allahabad High Court Dismisses Section 37 A&C Petition
1 year ago

Limitation Act | Doesn't Encompass Long Delays, Condonation Only In Exceptional Cases: Allahabad High Court Dismisses Section 37 A&C Petition

Live Law  

The Allahabad High Court single bench of Justice Shekhar B. Saraf held that Section 5 of the Limitation Act does not encompass long delays, and condonation can only be granted in exceptional cases where the appellant acted in a bona fide manner and not negligently. Furthermore, the High Court emphasized the applicability of Section 5 of the Limitation Act to …

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 …

Section 11 Petition Can Be Filed Only After Failure Of Parties To Appoint Arbitrator Within 30 Days Of Notice, Limitation Act Applies: Delhi High Court
1 year, 1 month ago

Section 11 Petition Can Be Filed Only After Failure Of Parties To Appoint Arbitrator Within 30 Days Of Notice, Limitation Act Applies: Delhi High Court

Live Law  

The Delhi High Court bench, comprising Justice Prathiba M. Singh, held that a petition under Section 11 of the Arbitration and Conciliation Act, 1996 can only be filed after a notice of arbitration has been issued and there has been a failure to make the appointment of an arbitrator within 30 days. The bench held that the limitation period arises …

Extension Of Limitation Period Under Section 168A Of GST Act; Punjab And Haryana High Court Issues Notice
1 year, 2 months ago

Extension Of Limitation Period Under Section 168A Of GST Act; Punjab And Haryana High Court Issues Notice

Live Law  

The Punjab and Haryana High Court has issued a notice to the government in a plea challenging the extension of the limitation period under Section 168A of the GST Act.The bench of Justice G.S. The Punjab and Haryana High Court has issued a notice to the government in a plea challenging the extension of the limitation period under Section 168A …

'Sufficient Cause' In Limitation Act Can't Be Liberally Construed For Govt Departments : J&K High Court
1 year, 2 months ago

'Sufficient Cause' In Limitation Act Can't Be Liberally Construed For Govt Departments : J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that the expression "sufficient cause" in Section 5 of the Limitation Act cannot be liberally construed just because a government department is seeking condonation of delay. Justice Javed Iqbal Wani made these observations while dismissing an application seeking condonation of a 65-day delay in filing a review petition by the …

No Explanation Of 'Sufficient Cause', No Special Concessions To Govt Body For Limitation Vis-A-Vis Commercial Courts Act: Allahabad High Court
1 year, 4 months ago

No Explanation Of 'Sufficient Cause', No Special Concessions To Govt Body For Limitation Vis-A-Vis Commercial Courts Act: Allahabad High Court

Live Law  

The Allahabad High Court has held that no special concession can be granted to government bodies for condoning delay under Commercial Courts Act, 2015 if sufficient cause is not shown in application for delay condonation. Following the judgement of the Supreme Court in Government of Maharashtra vs. M/s Borse Brothers Engineers and Contractors, Justice Om Prakash Shukla held that appeal …

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 …

Entire 30 Days Extended Period Under Section 34(3) Of The A&C Act Coincided With Court Vacations, Calcutta High Court Invokes Power Under Article 133(1)(A) R/W Article 134A Of The Constitution
1 year, 10 months ago

Entire 30 Days Extended Period Under Section 34(3) Of The A&C Act Coincided With Court Vacations, Calcutta High Court Invokes Power Under Article 133(1)(A) R/W Article 134A Of The Constitution

Live Law  

The High Court of Calcutta has invoked its powers under Article 133 r/w Article 134A of the Constitution to allow the aggrieved party to directly appeal against its judgment to the Supreme Court on the ground that the case involves a substantial question of law of general importance. The bench of Justice Shekhar B. Saraf was dealing with a peculiar …

Section 17 Of Limitation Act Inapplicable Where Limitation Is Prescribed For Appeal: NCLAT Delhi
2 years, 2 months ago

Section 17 Of Limitation Act Inapplicable Where Limitation Is Prescribed For Appeal: NCLAT Delhi

Live Law  

The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Ashok Bhushan and Mr. Barun Mitra, while adjudicating an appeal filed in Maharashtra State Electricity Distribution Company Ltd. v NRC Ltd. & Anr., has held that Section 17 of Limitation Act, 1963 deals with period of limitation in the case of any suit or application. Effect of fraud or …

IBC - When Does Limitation Begin To Run? Analysing SC Judgment In "V.Nagarajan vs. SKS Ispat"
2 years, 2 months ago

IBC - When Does Limitation Begin To Run? Analysing SC Judgment In "V.Nagarajan vs. SKS Ispat"

Live Law  

V.Nagarajan vs. SKS Ispat is a much-misunderstood case. While appealing, the Liquidator relied upon provisions in the National Company Law Tribunal Rules and the Companies Act, 2013 that entitled him to receive a ‘free copy’ of an Order. In contrast, Section 62 of the IBC clearly states any person aggrieved by an order the NCLAT may file an appeal on …

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 …

Period Of Limitation For The Appointment Of Substitute Arbitrator Begins On The Date Of His Recusal/Removal, Date Of Knowledge Is Irrelevant: Delhi High Court
2 years, 4 months ago

Period Of Limitation For The Appointment Of Substitute Arbitrator Begins On The Date Of His Recusal/Removal, Date Of Knowledge Is Irrelevant: Delhi High Court

Live Law  

The High Court of Delhi has held that the period of limitation for appointing a substitute arbitrator under Section 15 of the A&C Act commences on the date of recusal/removal of the arbitrator and the date on which the fact of his removal/recusal comes to the knowledge of a party is irrelevant for the purpose of limitation. Contention of the …

Section 11 Application Barred By Limitation; Parties Cannot Be Referred To Arbitration: Punjab and Haryana High Court
2 years, 8 months ago

Section 11 Application Barred By Limitation; Parties Cannot Be Referred To Arbitration: Punjab and Haryana High Court

Live Law  

The Punjab and Haryana High Court has reiterated that if the application for appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 is hopelessly time-barred, no arbitrator can be appointed by the High Court. The applicant filed an application before the Punjab and Haryana High Court under Section 11 of the Arbitration and Conciliation Act, 1996 …

Parties Cannot Be Said To Be Negotiating When The Respondent Did Not Reply ; Period Of Limitation Cannot Be Extended On That Basis: Telangana High Court
2 years, 9 months ago

Parties Cannot Be Said To Be Negotiating When The Respondent Did Not Reply ; Period Of Limitation Cannot Be Extended On That Basis: Telangana High Court

Live Law  

The Telangana High Court has held that the parties cannot be said to be negotiating when the respondent did not reply to the letters of the applicant and the period of limitation for invoking arbitration would not be extended in such a scenario. Respondent vide letter dated 03.04.2021 appointed its nominee arbitrator and stated that the claims of the applicant …

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court
2 years, 11 months ago

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that powers of the Court conferred under Order 7 Rule 11 of CPC are mandatory in nature and can be exercised at any stage of the suit, but before the conclusion of the trial.The observation was made while dealing with two revision petitions filed under Article 227 of the Constitution, challenging an …

Limitation Period Cannot Be Extended On Equitable Grounds: Supreme Court
3 years ago

Limitation Period Cannot Be Extended On Equitable Grounds: Supreme Court

Live Law  

The Supreme Court observed that an application for condonation of delay has to be dismissed if it is found that the delay is not properly explained and that the period of limitation cannot be extended on equitable ground.Otherwise, it would be giving a premium to a person who fails to explain the delay and who is guilty of delay and …

Supreme Court Orders On Extension Of Limitation Not Applicable Where Defendant Was Not Prevented From Filing Written Statement: Delhi High Court
3 years, 3 months ago

Supreme Court Orders On Extension Of Limitation Not Applicable Where Defendant Was Not Prevented From Filing Written Statement: Delhi High Court

Live Law  

The Delhi High Court has observed that the Supreme Court's orders on extension of limitation will not be applicable in circumstances where the defendant was not prevented from filing written statement. It was on March 23 last year that the Supreme Court extended the limitation period for filing in all courts and tribunals with effect from March 15, 2020, until …

Supreme Court Restores Order Extending Limitation; Period From 14.03.2021 Excluded From Computing Limitation Period Until Further Orders
3 years, 11 months ago

Supreme Court Restores Order Extending Limitation; Period From 14.03.2021 Excluded From Computing Limitation Period Until Further Orders

Live Law  

The Supreme Court on Tuesday extended limitation period for the filing of cases in courts and tribunals with effect from 14.03.2021 until further orders in view of the second wave of the COVID19 pandemic.The Court said the COVID19 second wave has created an "alarming situation" and has put the litigants in a "difficult situation".The bench extended all periods. The Supreme …

BREAKING : Supreme Court Ends Extension Of Limitation; Period From 15.03.2020 To 14.03.2021 Excluded From Limitation Period
4 years ago

BREAKING : Supreme Court Ends Extension Of Limitation; Period From 15.03.2020 To 14.03.2021 Excluded From Limitation Period

Live Law  

The Supreme Court on Monday lifted the extension of the limitation period for filing of cases granted by the Court in March last year on account of COVID-19 pandemic and the national lockdown. A bench comprising Chief Justice of India SA Bobde, Justices L Nageswara Rao, and S Ravindra Bhat disposed of the suo moto case with the following directions …

Limitation Act In COVID- 19 Times: Need To Reconsider Decision In 'Sagufa Ahmed vs. Upper Assam Plywood'
4 years, 5 months ago

Limitation Act In COVID- 19 Times: Need To Reconsider Decision In 'Sagufa Ahmed vs. Upper Assam Plywood'

Live Law  

When COVID 19 struck India, the administration of justice by the Courts suffered greatly. The Supreme Court examined the effect of its Order of March 23, 2020, in Sagufa Ahmed vs.Upper Assam Plywood Products Ltd. Those facts of the case as discussed, showed that the Appellants had failed to approach the National Company Law Appellate Tribunal from an order suffered …

Period Of Limitation In Execution Of Foreign Award In India
4 years, 6 months ago

Period Of Limitation In Execution Of Foreign Award In India

Live Law  

About 5 months ago, when a two judges' bench of Hon'ble Supreme Court of India decided the issue regarding the limitation period for execution of a foreign decree, the most debated question was as to whether the said law would apply equally qua the limitation period for enforcement of a foreign award. Vide order dated 19.02.2020 the Delhi High Court …

Karnataka HC Extends Period Of Closure Under Sec 4 Of Limitation Act Till August 7 [Read Notice]
4 years, 8 months ago

Karnataka HC Extends Period Of Closure Under Sec 4 Of Limitation Act Till August 7 [Read Notice]

Live Law  

The Karnataka High Court has extended till August 7, period of closure under Section 4 of the Limitation Act, 1963 of all the District and the Trial Courts in the State of Karnataka and the High Court of Karnataka, Principal Bench at Bengaluru and Benches at Dharwad and Kalaburagi. It is specifically clarified that this extension will not affect the …

Bank Of Baroda Vs. Kotak Mahindra Bank Ltd. – Limitation For Execution Of Foreign Decree
4 years, 9 months ago

Bank Of Baroda Vs. Kotak Mahindra Bank Ltd. – Limitation For Execution Of Foreign Decree

Live Law  

In a recent judgment the Hon'ble Supreme Court delved into a significant question of limitation for filing an application for execution of a foreign decree of a reciprocating country in India. Since no limitation is provided under the Act, the cause of action for filing an execution petition arises only when a petition is filed under Section 44A of the …

HC Cannot Disregard Statutory Limitation Period To Entertain Writ Petition Challenging Order Passed By Statutory Authority: SC [Read Judgment]
4 years, 10 months ago

HC Cannot Disregard Statutory Limitation Period To Entertain Writ Petition Challenging Order Passed By Statutory Authority: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a High Court cannot disregard the statutory limitation period to entertain writ petition assailing orders passed by statutory authorities which were not appealed against before the expiry of the maximum limitation period. Therefore, the issue before the Apex Court in the appeal filed by Revenue was whether the High Court in exercise of its …

Limitation Period For Executing A Decree Passed By A Foreign Court Will Be The Limitation Prescribed In The Reciprocating Foreign Country: SC [Read Judgment]
5 years ago

Limitation Period For Executing A Decree Passed By A Foreign Court Will Be The Limitation Prescribed In The Reciprocating Foreign Country: SC [Read Judgment]

Live Law  

The Supreme Court has held that the limitation period for executing a decree passed by a foreign court in India will be the limitation prescribed in the reciprocating foreign country. The bench of Justices Deepak Gupta and Aniruddha Bose held that the period of limitation would start running from the date the decree was passed in the foreign court of. …

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 …

The Applicability Of The Law Of Limitation To Petitions Filed Before The District Judge Under The P & MP Act, 1962
6 years, 3 months ago

The Applicability Of The Law Of Limitation To Petitions Filed Before The District Judge Under The P & MP Act, 1962

Live Law  

The legal issue which has impelled me to right this Article is as to whether Section 5 of the Limitation Act, 1963, enabling condonation of delay on the ground of sufficient cause, is applicable to applications filed before a District Judge under sub-section or under sub-section of Section 10 of the Petroleum and Minerals Pipelines Act,. 6) Kerala State Electricity …

Breaking: Limitation Act Applicable To Applications Filed Under Sections 7 and 9 Of Insolvency and Bankruptcy Code From The Inception Of The Code: SC [Read Judgment]
6 years, 5 months ago

Breaking: Limitation Act Applicable To Applications Filed Under Sections 7 and 9 Of Insolvency and Bankruptcy Code From The Inception Of The Code: SC [Read Judgment]

Live Law  

In a significant Judgment the Supreme Court on Thursday held that the Limitation Act is applicable to applications filed under Sections 7 and 9 of Insolvency and Bankruptcy Code From the inception of the Code.The two Judge Bench of Justices RF Nariman and Navin Sinha was examining the question 'whether the Limitation Act, 1963 will apply to applications that are …

Remedy Under SARFAESI Act Subject To Provisions Of Limitation Act: Calcutta HC [Read Judgment]
7 years, 8 months ago

Remedy Under SARFAESI Act Subject To Provisions Of Limitation Act: Calcutta HC [Read Judgment]

Live Law  

The Calcutta High Court on Friday ruled that any remedy under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 would be subject to the provisions of Limitation Act, 1963.“The Act of 2002 gives an independent right to a secured creditor to proceed against its financial assets and in respect of which such asset the. The …

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