SCAORA Moves Supreme Court Seeking Revival Of Orders Extending Statutory Limitation Period
2 years, 11 months ago

SCAORA Moves Supreme Court Seeking Revival Of Orders Extending Statutory Limitation Period

Live Law  

Looking at the prevailing situation amid rising number of Covid-19 cases in the country, the Supreme Court Advocates on Record Association has moved an application before the Supreme Court seeking extension of the statutory Limitation Period in respect of judicial and quasi-judicial proceedings. "There has been a sudden and drastic change in the situation with regard to the pandemic, as a new variant more particularly Omicron has seen a drastic surge…considering the alarming rate at which there is a rise in the mortality rate due to Covid and also the rise in the new cases, it becomes necessary to restore the relaxation with regard to the period of limitation," the application filed through Advocate Abhinav Ramakrishna reads. The Supreme Court has therefore been urged to restore its orders dated March 23, 2020 and April 27, 2021, whereby the orders extending statutory limitation were put in abeyance. In March 2020, the Supreme Court had taken suo motu cognizance of the Covid-19 situation and resultant difficulties that may be faced by litigants across the country in filing their pleadings within the prescribed period of limitation.

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History of this topic

Orders Extending Limitation Period During Covid-19 Also Apply To Period Up To Which Delay Can Be Condoned: Supreme Court
1 year, 2 months ago

Orders Extending Limitation Period During Covid-19 Also Apply To Period Up To Which Delay Can Be Condoned: Supreme Court

Live Law  

The Supreme Court on Tuesday set aside an order of the Calcutta High Court that had refused to take on record a written submission on the ground of delay. The Apex Court held that the benefit of the series of orders passed by the Supreme Court in In Re: Cognizance for Extension of Limitation, extending the period of limitation in …

Madras High Court Issues Guidelines For Extending Limitation Period In Criminal Cases
1 year, 9 months ago

Madras High Court Issues Guidelines For Extending Limitation Period In Criminal Cases

Live Law  

While criticising the manner in which the prosecution had failed to file an application for the extension of limitation while dealing with the FIR related to sexual harassment charges against self styled Godman Shiva Sankar baba, the Madras High Court has laid down certain guidelines with respect to extension of limitation in such cases. The Criminal Revision Petition was filed …

Limitation For Filing An Appeal Under IBC
2 years, 4 months ago

Limitation For Filing An Appeal Under IBC

Live Law  

The Supreme Court on 23rd March, 2020 while taking suo motu cognizance of the COVID-19 pandemic extended the period of limitation under the Limitation Act, 1963 for filing of petitions/applications/suits/ appeals/all other proceedings until further notice. One such issue regarding limitation has been addressed by the Supreme Court in V Nagarajan v. SKS Ispat and Power Limited and Others wherein …

PMLA | 180 Days Period Of Provisional Attachment Not Extended By SC Orders Extending Limitation During Covid-19: Calcutta High Court
2 years, 5 months ago

PMLA | 180 Days Period Of Provisional Attachment Not Extended By SC Orders Extending Limitation During Covid-19: Calcutta High Court

Live Law  

The Calcutta High Court has held that the Supreme Court's suo moto orders extending the period of limitation during the Covid-19 pandemic do not apply and will not extend the 180 days period prescribed for provisional attachment of property under Section 5 of the Prevention of Money-Laundering Act, 2002.A single judge bench of Justice Moushumi Bhattacharya was hearing the plea …

Supreme Court's Suo Motu Limitation Extension Ended On February 28; Limitation Period Starts Running From Today (March 1)
2 years, 9 months ago

Supreme Court's Suo Motu Limitation Extension Ended On February 28; Limitation Period Starts Running From Today (March 1)

Live Law  

The latest order of suo motu limitation extension passed by the Supremes Court in view of the Omicron surge has ended with effect from February 28. The order dated 23.03.2020 is restored and in continuation of the subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes …

Section 138 NI Act Complaints Filed During Limitation Extension Period Not Premature : Gurugram Bar Seeks Supremes Court's Clarification
2 years, 9 months ago

Section 138 NI Act Complaints Filed During Limitation Extension Period Not Premature : Gurugram Bar Seeks Supremes Court's Clarification

Live Law  

The Gurugram District Bar Association has moved the Supreme Court of India seeking clarification regarding interpretation of court's orders suspending period of limitation qua the proviso and to the section 138 of the Negotiable Instruments Act, 1881, An application has been filed by the Association in the suo moto case regarding extension of limitation. According to the applicant association, the …

Limitation Period Cannot Be Extended On Equitable Grounds: Supreme Court
2 years, 9 months 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 …

Suo Motu Limitation Extension Orders Applicable To Filing Of Written Statements In Commercial Suits : Supreme Court
2 years, 10 months ago

Suo Motu Limitation Extension Orders Applicable To Filing Of Written Statements In Commercial Suits : Supreme Court

Live Law  

The Supreme Court observed that its suo motu limitation extension orders applies in relation to the period prescribed for filing the written statement in commercial suits. The court, referring to the relevant provisions contained in Order V Rule 1, Order VIII Rule 1 and Order VIII Rule 10 CPC regarding time limit for filing written statement and consequences of default, …

BREAKING| Supreme Court To Resume Physical Hearings On Wednesdays & Thursdays From February 14
2 years, 10 months ago

BREAKING| Supreme Court To Resume Physical Hearings On Wednesdays & Thursdays From February 14

Live Law  

In view of the significant decline in the number of COVID-19 cases and positivity rate, the Supreme Court has decided to revive the Modified SOP notified on October 7, 2021, with effect from February 14, 2021. As per the SOP dated October 7, 2021, the Supreme Court had decided that all the matters listed on Wednesday and Thursday, as non-miscellaneous …

SC Orders Extending Period Of Limitation Applicable To Proceedings & Orders Passed Under Payment Of Gratuity Act: Delhi High Court
2 years, 11 months ago

SC Orders Extending Period Of Limitation Applicable To Proceedings & Orders Passed Under Payment Of Gratuity Act: Delhi High Court

Live Law  

The Delhi High Court has clarified that the extension of limitation by the Supreme Court would apply to decisions rendered by the Authorities under the Payment of Gratuity Act, 1972. While hearing an appeal filed against an order of the Appellate Authority which had dismissed an appeal filed by the Petitioner on the ground that the appeal was barred by …

NCDRC Issues Directions For Computation Of Limitation Period After Supreme Court Restores Limitation Extension
2 years, 11 months ago

NCDRC Issues Directions For Computation Of Limitation Period After Supreme Court Restores Limitation Extension

Live Law  

After Supreme Court of India's recent order extending limitation period for filing cases and applications in wake of the surge in COVID-19 cases, the National Consumer Dispute Redressal Commission has issued directions to its Registry for compliance and computation of limitation period.Taking note of the surge in COVID-19 cases across the country, the Supreme Court on 10th January 2022. After …

Supreme Court Restores Limitation Extension; Period From 15.03.2020 Till 28.02.2022 Excluded From Limitation
2 years, 11 months ago

Supreme Court Restores Limitation Extension; Period From 15.03.2020 Till 28.02.2022 Excluded From Limitation

Live Law  

Taking note of the surge in COVID-19 cases across the country, the Supreme Court has ordered the extension of limitation period for filing of cases and applications in courts and tribunals. "The order dated 23.03.2020 is restored and in continuation of the subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that the period from 15.03.2020 till 28.02.2022 shall …

Supreme Court Agrees To Revive Limitation Extension Orders In View Of Rising COVID Cases
2 years, 11 months ago

Supreme Court Agrees To Revive Limitation Extension Orders In View Of Rising COVID Cases

Live Law  

The Supreme Court on Monday agreed to revive the suo motu orders extending the limitation period for filing cases in Courts and Tribunals in view of the rising cases of COVID in the country.A bench comprising the Chief Justice of India NV Ramana, Justice L Nageswara Rao and Justice Surya Kant said that the Court is accepting the request made …

Supreme Court Orders On Extension Of Limitation Not Applicable Where Defendant Was Not Prevented From Filing Written Statement: Delhi High Court
3 years 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 To Recall Suo Motu Extension Of Limitation Period With Effect From October 1
3 years, 3 months ago

Supreme Court To Recall Suo Motu Extension Of Limitation Period With Effect From October 1

Live Law  

Update at 3 PM on September 25 : Supreme Court uploads the order recalling suo motu limitation extension w.e.f October 2, 2021. Detailed report may be read here.Supreme Court Recalls Suo Motu Extension Of Limitation With Effect From October 2; Period From 15.03.2020 To 02.10.2021 Stands Excluded From Computing Limitation The Supreme Court on Thursday said that it will recall …

COVID-19: Kerala High Court Extends Interim Orders Till 27th August In View Of Upcoming Vacation
3 years, 4 months ago

COVID-19: Kerala High Court Extends Interim Orders Till 27th August In View Of Upcoming Vacation

Live Law  

A full bench of the Kerala High Court on Friday extended the validity of interim orders till 27th August considering the difficulties lawyers may have to face if the stay on orders is vacated before the upcoming vacation. Chief Justice S Manikumar, Justice C.T Ravikumar, and Justice Shaji P Chaly while disposing of the suo motu petition held that during …

Orissa High Court Extends Life Of Interim Orders Until July 16
3 years, 5 months ago

Orissa High Court Extends Life Of Interim Orders Until July 16

Live Law  

The Orissa High Court on Tuesday extended the interim order passed by the Court on April 29, 2021, till 16th July, 2021.The Orissa High Court on April 29 had said that in view of the orders passed by the Supreme Court in In Re: Cognizance for Extension of Limitation on April 27, the limitation period of filing prescribed under the …

Kerala High Court Further Extends Interim Orders Till 13th July Amidst Ongoing Covid Restrictions
3 years, 5 months ago

Kerala High Court Further Extends Interim Orders Till 13th July Amidst Ongoing Covid Restrictions

Live Law  

The Kerala High Court on Monday extended interim orders of stay passed by the Court in custody matters which were due to expire during the ongoing Covid restrictions further till 13th July 2021. Considering the prolongation of lockdown and similar restrictions, the Court held that it was inclined to extend the interim orders up to 13th July 2021. This comes …

COVID 19: Gauhati High Court Further Extends Interim Orders Till July 14
3 years, 5 months ago

COVID 19: Gauhati High Court Further Extends Interim Orders Till July 14

Live Law  

The full bench of the Gauhati High Court on Friday extended further extended all interim orders passed by the High Court and all other subordinate Courts and Tribunals till July 14.Full Bench comprising of Chief Justice Sudhanshu Dhulia, Justices N. Kotiswar Singh and Manash Ranjan Pathak was dealing with the suo moto PIL instituted by the Court owing to the …

COVID 19: Gauhati High Court Further Extends Interim Orders Till June 25
3 years, 6 months ago

COVID 19: Gauhati High Court Further Extends Interim Orders Till June 25

Live Law  

The full bench of the Gauhati High Court on Monday extended further extended by two weeks all interim orders passed by the High Court and all other subordinate Courts and Tribunals till June 25.Full Bench comprising of Chief Justice Sudhanshu Dhulia, Justices N. Kotiswar Singh and Manash Ranjan Pathak was dealing with the suo moto PIL instituted by the Court …

Covid-19: Allahabad High Court Extends Interim Orders Passed By It And Subordinate Courts Till August 2
3 years, 6 months ago

Covid-19: Allahabad High Court Extends Interim Orders Passed By It And Subordinate Courts Till August 2

Live Law  

Noting that the Covid-19 situation has still not improved and all the Courts including the district courts, tribunals as well as the High Court are working in virtual mode with limited capacity, the Allahabad High Court has decided to extend all interim orders, etc. till August 2, 2021.On April 24, the High Court had extended all the interim orders passed …

Supreme Court Restores Order Extending Limitation; Period From 14.03.2021 Excluded From Computing Limitation Period Until Further Orders
3 years, 7 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
3 years, 9 months 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 …

Supreme Court Proposes To Lift Suo Moto Extension Of Limitation Given In View Of COVID; Might Give 90 Days Grace Period
3 years, 9 months ago

Supreme Court Proposes To Lift Suo Moto Extension Of Limitation Given In View Of COVID; Might Give 90 Days Grace Period

Live Law  

The Supreme Court on Wednesday indicated that it was proposing to lift the suo moto extension of the limitation period for filing of cases granted by it last year on account of COVID-19 pandemic and the national lockdown.A bench headed by the Chief Justice of India told the Attorney General for India today that it was proposing to lift the …

As Covid-19 Situation In State Improves, Karnataka High Court Extends Interim Orders For Last Time Till Jan 31
3 years, 11 months ago

As Covid-19 Situation In State Improves, Karnataka High Court Extends Interim Orders For Last Time Till Jan 31

Live Law  

The Karnataka High Court has for the last time extended the interim orders passed by the Karnataka High Court, all the District Courts, Civil Courts, Family Courts, Labour Courts, Industrial Tribunals and all other Tribunals in the State, as well as the order of closure under Section 4 of the Limitation Act, 1963, till the January 31. Considering the trend …

'Courts Are Physically Working": Allahabad High Court Closes Suo Moto PIL For Extension Of Limitation & Interim Orders During Lockdown
3 years, 11 months ago

'Courts Are Physically Working": Allahabad High Court Closes Suo Moto PIL For Extension Of Limitation & Interim Orders During Lockdown

Live Law  

The Allahabad High Court on Tuesday closed the suo moto PIL registered by it for extension of limitation and interim orders expiring during the lockdown period. Looking to the physical working of the Courts in the State of Uttar Pradesh, a Division bench comprising of Justices Munishwar Nath Bhandari and Rohit Ranjan Agarwal observed that there is no need to …

Limitation Act In COVID- 19 Times: Need To Reconsider Decision In 'Sagufa Ahmed vs. Upper Assam Plywood'
4 years, 2 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 …

SCBA & SCAORA Pass Joint Resolution Seeking Resumption Of Physical Hearings in the Supreme Court
4 years, 5 months ago

SCBA & SCAORA Pass Joint Resolution Seeking Resumption Of Physical Hearings in the Supreme Court

Live Law  

A joint Resolution by Supreme Court Bar Association & Supreme Court Advocates on Record Association has been passed on Monday to examine and discuss systems, methods and suggestions to reopen the Courts, and in particular the Supreme Court of India, which has been working on restrictedly.This Resolution, signed under the hand of Rohit Pandey, Secretary SCBA &. A joint Resolution …

[Breaking] SC Applies Order Extending Limitation To Sec 29A & 23(4) Arbitration Act, Section 12A Commercial Courts Act
4 years, 5 months ago

[Breaking] SC Applies Order Extending Limitation To Sec 29A & 23(4) Arbitration Act, Section 12A Commercial Courts Act

Live Law  

The Supreme Court has applied its suo moto order extending limitation for filing of cases to Section 29A and 23 of the Arbitration and Conciliation Act, 1996 and Section 12A of the Commercial Courts Act, 2015.The order passed by a bench headed by Chief Justice of India on July 10 stated :"Section 29A of the Arbitration and Conciliation Act, 1996 …

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