PMLA | 180 Days Period Of Provisional Attachment Not Extended By SC Orders Extending Limitation During Covid-19: Calcutta High Court
2 years, 8 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 moved by. 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. The 180 days window in Section 5 contemplates an end-point whereas the Supreme Court in the Suo Motu writ petition sought to protect the starting-point, which was at the risk of being defeated by reason of the pandemic." "It is further relevant to state that the orders passed by the Supreme Court in the Suo Motu writ petition mention specific provisions in specific statutes such as Sections 23 and Section 29A of The Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and Section 138 provisos and of the Negotiable Instrument Act, 1881.

Supreme Court Limitation Right Period Provisional Pmla 180 Days Calcutta High Court Remedy Section 5 Suo Sc Orders Provisional Attachment 180 180 Days Period  180  extended  sc  orders  period  days  limitation  right  ed  supreme  court  extending  high  remedy  provisional  suo  pmla

History of this topic

Order XXII Rule 4 CPC | Supreme Court Explains Correct Procedure To File Applications To Substitute Legal Heirs, Set Aside Abatement & Condone Delay
Trending News
1 month, 2 weeks ago

Order XXII Rule 4 CPC | Supreme Court Explains Correct Procedure To File Applications To Substitute Legal Heirs, Set Aside Abatement & Condone Delay

Live Law  

The Supreme Court has issued a clarification regarding the substitution of legal heirs in ongoing litigation, addressing a frequent procedural misstep by lawyers. "Thus, the total time-frame for filing an application for substitution and for setting aside abatement, as outlined in Articles 120 and 121 of the Limitation Act, is 150 days. Moreover, if the lawyer misses both the opportunity, …

PMLA Accused Can't Be Kept In Custody If Order Taking Cognizance Of ED Complaint Has Been Quashed : Supreme Court
1 month, 2 weeks ago

PMLA Accused Can't Be Kept In Custody If Order Taking Cognizance Of ED Complaint Has Been Quashed : Supreme Court

Live Law  

The Supreme Court on Wednesday granted bail to an accused in a case under the Prevention of Money Laundering Act after noting that the order taking cognizance of the prosecution complaint filed by the Enforcement Directorate has been quashed. The Court questioned the ED for continuing the custody of the accused, who has been in custody since August 2024, after …

Suo motu revision against Ponmudy’s acquittal: Madras High Court to begin final hearing on April 7
1 month, 3 weeks ago

Suo motu revision against Ponmudy’s acquittal: Madras High Court to begin final hearing on April 7

The Hindu  

The Madras High Court on Monday decided to commence on April 7, 2025, the final hearing on a suo motu revision petition taken up by it in August 2023 against the acquittal of Higher Education Minister K. Ponmudy, his wife P. Visalatchi, and another individual in a disproportionate assets case registered against them in 2002. ‘Attempt to manipulate justice system’ …

[S.12A Commercial Courts Act] Pre-Institution Mediation Is Intended To Encourage Parties To Use Litigation As Last Resort: Calcutta HC
2 months ago

[S.12A Commercial Courts Act] Pre-Institution Mediation Is Intended To Encourage Parties To Use Litigation As Last Resort: Calcutta HC

Live Law  

The Calcutta High Court bench of Justice Soumen Sen and Justice Biswaroop Chowdhury has held that the clear intent of Section 12A of the Commercial Courts Act, 2015 is to encourage parties to use litigation as a last resort and to resolve commercial disputes amicably, informally, cheaply and quickly under the process of mediation. Additionally, the court modified the interim …

Briefing Standing Counsel, Obtaining Approvals From Officials Not 'Sufficient Cause' For Condoning Delay In Filing Appeal: Delhi High Court
2 months ago

Briefing Standing Counsel, Obtaining Approvals From Officials Not 'Sufficient Cause' For Condoning Delay In Filing Appeal: Delhi High Court

Live Law  

While rejecting an appeal moved by Delhi Government's Directorate of Education, the Delhi High Court has ruled that obtaining approvals from officials of its departments and briefing the standing counsel are not “sufficient cause” for application of condonation of delay under Section 5 of the Limitation Act. “In any event, in our considered view the aforesaid plea taken by the …

S.42 PLMA Excludes Applicability Of Section 5 Limitation Act, Delay In Filing Appeal Cannot Be Condoned Beyond 120 Days: Bombay High Court
2 months, 1 week ago

S.42 PLMA Excludes Applicability Of Section 5 Limitation Act, Delay In Filing Appeal Cannot Be Condoned Beyond 120 Days: Bombay High Court

Live Law  

The Bombay High Court has held that a delay in filing an appeal under Section 42 of the Prevention of Money Laundering Act, 2002 cannot be condoned by the High Court beyond 120 days as stipulated in the provision. A division bench of Justice B. P. Colabawalla and Justice Somasekhar Sundaresan stated that Section 42 PMLA excludes the applicability of …

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 …

Supreme Court Seeks Responses From 6 States & HCs In Suo Motu Case Over Stay Orders Affecting Trials & Delay In Prosecution Sanctions
3 months, 2 weeks ago

Supreme Court Seeks Responses From 6 States & HCs In Suo Motu Case Over Stay Orders Affecting Trials & Delay In Prosecution Sanctions

Live Law  

The Supreme Court today sought the response of 6 State Governments and their High Courts on the issue of adverse effects of stay orders in criminal trials and the delay in granting sanctions for criminal prosecution. A bench of Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar was hearing the Suo motu case regarding the adverse effect …

Supreme Court Initiates Suo Motu Case On Adverse Effects Of Stay Orders On Criminal Trials
3 months, 3 weeks ago

Supreme Court Initiates Suo Motu Case On Adverse Effects Of Stay Orders On Criminal Trials

Live Law  

The Supreme Court has initiated a suo motu case regarding the adverse effect of stay orders passed by appellate courts on criminal trials.A bench of Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar will hear the suo motu case on Monday.The case is titled "In Re : Adverse Effect of Stay Orders Granted By Appellate Courts On …

In Absence Of Defendant's Written Request, Trial Courts Cannot On Its Own Extend Time For Filing Written Statement After 30 Days: Madras High Court
6 months ago

In Absence Of Defendant's Written Request, Trial Courts Cannot On Its Own Extend Time For Filing Written Statement After 30 Days: Madras High Court

Live Law  

The Madras High Court has observed that the trial courts should not, on its own, extend the time for filing written statements after the expiry of 30 days. The court added that condoning delay on its own would be contrary to Order 8 Rule 1 of CPC “The trial courts shall not on their own extend the time for filing …

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court
8 months, 1 week ago

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court

Live Law  

The Delhi High Court has observed that failure to avail alternate remedy on the ground of ongoing settlement process is not a reason for the court to exercise its discretionary power to quash the complaint cases. where it is filed with unexplained delay and laches and in the meantime, the trial has proceeded.” It referred to the Supreme Court case …

Bombay High Court Quashes Reassessment Notices Issued Against Godrej For Beyond Limitation Period
1 year ago

Bombay High Court Quashes Reassessment Notices Issued Against Godrej For Beyond Limitation Period

Live Law  

The Bombay High Court has quashed the reassessment notices issued against Godrej because the notice was issued beyond the limitation period.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that the validity of a notice must be judged on the basis of the law existing as on the date on which the notice is issued under …

What is the suo motu case against T.N. Minister I. Periyasamy all about? | Explained
1 year, 1 month ago

What is the suo motu case against T.N. Minister I. Periyasamy all about? | Explained

The Hindu  

In 2023, Justice N. Anand Venkatesh of the Madras High Court took up as many as six suo motu criminal revision petitions against the acquittal/discharge of different politicians from various criminal cases. The special court for PCA cases took cognisance of the case on June 24, 2013 and ordered summons to be issued to the accused persons for the hearing …

Delay Occurred In Filing Appeal Against Acquittal Under S.378 CrPC Can Be Condoned Under Limitation Act: Supreme Court
1 year, 1 month ago

Delay Occurred In Filing Appeal Against Acquittal Under S.378 CrPC Can Be Condoned Under Limitation Act: Supreme Court

Live Law  

The Supreme Court held that the delay that occurred in preferring an appeal against the acquittal can be condoned under Section 5 of the Limitation Act, 1963. Arguments Made by the Parties The appellant-accused contended that the High Court could not have allowed the delay condonation application as the delay occurred in filing the appeal against the acquittal cannot be …

Madras High Court Quashes ED's Provisional Attachment Order, Says Neither Notice Given To Party Nor Order Confirmed By Adjudicating Authority
1 year, 1 month ago

Madras High Court Quashes ED's Provisional Attachment Order, Says Neither Notice Given To Party Nor Order Confirmed By Adjudicating Authority

Live Law  

The Madras High Court has recently set aside a provisional attachment order made by the Deputy Director of ED and confirmed by the adjudicating authority after noting that the provisional attachment was not made per law. The court was hearing two pleas challenging the provisional attachment order and the entries made in the encumbrance certificate. The court was informed that …

SC to hear petitions challenging its order upholding PMLA provisions tomorrow
1 year, 5 months ago

SC to hear petitions challenging its order upholding PMLA provisions tomorrow

Live Mint  

Supreme Court on Wednesday will hear the batch of petitions challenging the July 2022 judgment of the apex court which upheld the provisions of the Prevention of Money Laundering Act. Delhi excise policy case: CBI, ED tells Supreme Court contemplating making AAP accused A special bench of Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, and Justice Bela M. Trivedi will …

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 …

Orders Extending Limitation Period During Covid-19 Also Apply To Period Up To Which Delay Can Be Condoned: Supreme Court
1 year, 5 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 …

PMLA | Freezing Order Under Section 17(1-A) Not Valid If ECIR Quashed & FIR Not Registered: Kerala High Court
1 year, 6 months ago

PMLA | Freezing Order Under Section 17(1-A) Not Valid If ECIR Quashed & FIR Not Registered: Kerala High Court

Live Law  

The Kerala High Court recently laid down that where the Enforcement Case Information Report has been quashed and no subsequent FIR has been registered against the accused, further proceedings under the Prevention of Money Laundering Act shall be dropped and an order issued under Section 17 would not stand. The counsel argued that since Section 420 IPC is one of …

Madras High Court judge requested to recuse himself from hearing revision case against T.N. Minister Ponmudy’s acquittal in disproportionate assets case
1 year, 6 months ago

Madras High Court judge requested to recuse himself from hearing revision case against T.N. Minister Ponmudy’s acquittal in disproportionate assets case

The Hindu  

The Directorate of Vigilance and Anti-Corruption as well as Tamil Nadu Higher Education Minister K. Ponmudy on Thursday, September 7, 2023 requested Justice N. Anand Venkatesh of the Madras High Court to recuse from hearing a suo motu revision petition taken up by him against the acquittal of the Minister and his family members from a disproportionate assets case. In …

Supreme Court Deprecates High Courts Allowing Admission To Educational Institutions Through Interim Orders
1 year, 6 months ago

Supreme Court Deprecates High Courts Allowing Admission To Educational Institutions Through Interim Orders

Live Law  

The Supreme Court recently deprecated the practice of directing admission to educational institutions by way of interim orders, while considering a Special Leave Petition against an interim order of the Gujarat High Court that had directed the National Commission For Homeopathy to admit students in vacant seats of the Swanirbhar Homeopathic Medical College Sanchalak Mahamandal, an association. The Supreme Court …

Calcutta High Court Criticizes "Indefinite" Ban On Bidder Pending Criminal Trial
1 year, 8 months ago

Calcutta High Court Criticizes "Indefinite" Ban On Bidder Pending Criminal Trial

Live Law  

The Calcutta High Court on Monday allowed a writ petition for the lifting of a ban imposed on Auroma Coke Ltd from taking part in the Non-regulated Sector Linkage auctions organised by Coal India Limited. Upon purposively constructing the “Scheme Document of November 2022”, released by CIL, in order to interpret the sections on blacklisting in NRS Linkage auctions, a …

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 …

Arbitration Cases Weekly Round-Up: April 9 To April 15, 2023
1 year, 11 months ago

Arbitration Cases Weekly Round-Up: April 9 To April 15, 2023

Live Law  

Supreme Court: Limited Scrutiny of Court Under Section 11 Of Arbitration Act Through The “Eye Of The Needle”, Is Necessary And Compelling: Supreme Court Case Title: NTPC Ltd vs M/s SPML Infra Ltd The Supreme Court has ruled that the court while exercising jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 is not expected to act mechanically, …

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

Execution Proceedings Cannot Be Stayed If Challenge To Decree & Execution Not Before Same Court: Karnataka High Court
2 years, 1 month ago

Execution Proceedings Cannot Be Stayed If Challenge To Decree & Execution Not Before Same Court: Karnataka High Court

Live Law  

The Karnataka High Court has said that a court can exercise powers under Order 21 Rule 29 of the Code of Civil Procedure and pass order of staying the execution proceedings only if the suit challenging the decree and execution proceedings referred are pending before the same court and not before two different courts which are not of coordinate jurisdiction. …

Provisional Attachment Under PMLA Subsequent To Initiation Of CIRP: Supreme Court To Consider The Issue
2 years, 3 months ago

Provisional Attachment Under PMLA Subsequent To Initiation Of CIRP: Supreme Court To Consider The Issue

Live Law  

The Supreme Court Bench comprising of Justice Sanjay Kishan Kaul and Justice Abhay S. Oka, while adjudicating a Special Leave Petition filed in Ashok Kumar Sarawagi v Enforcement Directorate & Anr., has permitted the CIRP of Corporate Debtor to be conducted on 'as is where is' and 'whatever there is' basis, during the pendency of a petition challenging the provisional …

Supreme Court Quarterly Digest on CODE OF CIVIL PROCEDURE [July - September 2022]
2 years, 5 months ago

Supreme Court Quarterly Digest on CODE OF CIVIL PROCEDURE [July - September 2022]

Live Law  

Admiralty Act, 2017; Section 12, 14 - Code of Civil Procedure, 1908; Order 1 Rule 10, Order XLIII Rule 1 - Commercial Courts Act, 2015 - An order for addition of a party under Order 1 Rule 10 of the CPC is not appealable under section 14 of the Admiralty Act - An appeal does not lie to the Commercial …

Writ Court Can't Determine Whether A Case Warrants Action U/S 8(4) PMLA, Appellate Authority Appropriate Forum: J&K&L High Court
2 years, 5 months ago

Writ Court Can't Determine Whether A Case Warrants Action U/S 8(4) PMLA, Appellate Authority Appropriate Forum: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently observed that the question whether a particular case is of exceptional nature or not to warrant action under Section 8 of Prevention of Money Laundering Act can be determined only by the appellate authority at the time of considering the merits of the appeal and not by a Court in exercise …

Authorized Officer Not To Await Expiry Of Appeal Period To Take Over Possession Of Attached Property U/S 8(4) PMLA: J&K&L High Court
2 years, 5 months ago

Authorized Officer Not To Await Expiry Of Appeal Period To Take Over Possession Of Attached Property U/S 8(4) PMLA: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Tuesday observed that Section 8 of the PMLA Act clearly provides that the authorized officer can forthwith take over possession of the attached property once the order of provisional attachment is confirmed by the Adjudicating Authority. The moot question that sought adjudication from the bench was whether the Director or any …

Order VIII Rule 6A CPC - No Bar In Taking On Record A Counter Claim Filed Long After Filing Of Written Statement But Before Framing Of Issues: Supreme Court
2 years, 5 months ago

Order VIII Rule 6A CPC - No Bar In Taking On Record A Counter Claim Filed Long After Filing Of Written Statement But Before Framing Of Issues: Supreme Court

Live Law  

The Supreme Court observed that there is no bar in taking on record a counter claim filed long after filing of written statement but before framing of issues.In this case, the counter-claim in question was filed nearly 13 years after filing of the written statement. The Supreme Court observed that there is no bar in taking on record a counter …

Issuance Of Notice And Initiation Of Reassessment Proceeding Beyond 6 Years: Calcutta High Court Stays Proceedings
2 years, 7 months ago

Issuance Of Notice And Initiation Of Reassessment Proceeding Beyond 6 Years: Calcutta High Court Stays Proceedings

Live Law  

The Calcutta High Court has held that the issuance of notice and initiation of reassessment proceedings were beyond 6 years. The petitioner has challenged the order issued under Section 148A of the Income Tax Act of 1961 for the assessment year 2014-15, as well as all subsequent proceedings based on the notice issued under Section 148 of the Income Tax …

Limitation For Filing An Appeal Under IBC
2 years, 7 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 …

[Order XXII Rule 3 CPC] Delay In Filing Application For Substitution Of Legal Heirs Must Be Sufficiently Explained: Delhi High Court
2 years, 8 months ago

[Order XXII Rule 3 CPC] Delay In Filing Application For Substitution Of Legal Heirs Must Be Sufficiently Explained: Delhi High Court

Live Law  

The Delhi High Court has held that applications under Order XXII Rule 3 of CPC for substitution of legal heirs, or under Order XXII Rule 9 of the Code for setting aside abatement of proceedings must be considered liberally. The issues that arose for consideration in this case were– whether the consumer complaint case filed by the respondents had abated …

'Govt Agency Not A Privileged Litigant': Calcutta High Court Refuses To Condone 302 Days Delay In Filing Appeal By CBI
2 years, 11 months ago

'Govt Agency Not A Privileged Litigant': Calcutta High Court Refuses To Condone 302 Days Delay In Filing Appeal By CBI

Live Law  

The Calcutta High Court has recently refused to grant relief under Section 5 of the Limitation Act to the Central Bureau of Investigation for condonation of delay of about 302 days in filing an appeal. Justice Bibek Chaudhuri remarked that the government agency is not a privileged litigant and no explanation is forthcoming as to why the heads of various …

GST Provisional Attachment Order Not Valid After Expiry Of 1 Year: Delhi High Court
3 years ago

GST Provisional Attachment Order Not Valid After Expiry Of 1 Year: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Manmohan and Justice Sudhir Kumar Jain has held that every provisional attachment order ceases to have effect after the expiry of a period of one year from the date the order was passed under Section 83 of the CGST Act. The court noted that after the issuance of the letter dated December 7, …

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

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 …

Suo Motu Limitation Extension Orders Applicable To Filing Of Written Statements In Commercial Suits : Supreme Court
3 years, 1 month 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, …

PMLA - Quashing Of Provisional Attachment Will Not Impact Adjudication Proceedings Before Adjudicating Authority : Supreme Court
3 years, 1 month ago

PMLA - Quashing Of Provisional Attachment Will Not Impact Adjudication Proceedings Before Adjudicating Authority : Supreme Court

Live Law  

The Supreme Court has observed that High Court's order of setting aside the provisional attachment order does not per se nullify the adjudication proceedings under Prevention of Money Laundering Act, 2002 and that the Adjudicating Authority can proceed for taking it to its logical end in accordance with law.The bench of Justices AM Khanwilkar and CT Ravikumar was considering a. …

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution
3 years, 1 month ago

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution

Live Law  

While remarking that it is a classic case where the execution proceedings themselves become a second round of litigation and it takes ages for the decree holder to realize the fruits of success of a decree with judgment debtors assisted innovatively, the Supreme Court recently dismissed a SLP assailing Delhi High Court's order.The bench of Justices SK Kaul and MM …

Time Limit Of 90 Days For Written Statement Under Order VIII Rule 10 Directory, But Courts Must Use The Discretion Sparingly : Gujarat High Court
3 years, 2 months ago

Time Limit Of 90 Days For Written Statement Under Order VIII Rule 10 Directory, But Courts Must Use The Discretion Sparingly : Gujarat High Court

Live Law  

The Bench comprising Justice Ashok Kumar Joshi at the Gujarat High Court has held that the maximum limit of 90 days for filing the written statement as under Order VIII Rule 1 is directory and not mandatory in nature. Judgement The Bench while interpreting Order VIII Rule 1, observed that the word 'shall' ordinarily implies the mandatory nature of the …

Since SC Extended Limitation, No Need To File Application For Condonation Of Delay; NCLAT Delhi
3 years, 2 months ago

Since SC Extended Limitation, No Need To File Application For Condonation Of Delay; NCLAT Delhi

Live Law  

The Principal Bench of the NCLAT comprising of Justice Ashok Bhushan, Justice Jarat Kumar Jain and Dr. Alok Srivastava, in M/s. The Bench Considered Two Issues: Whether judgment and order of the Hon'ble Supreme Court passed in Suo Motu Writ Petition No. 3 of 2020 held that- "When the Hon'ble Supreme Court has granted extension of period of limitation, it …

Supreme Court Agrees To Revive Limitation Extension Orders In View Of Rising COVID Cases
3 years, 2 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 …

SCAORA Moves Supreme Court Seeking Revival Of Orders Extending Statutory Limitation Period
3 years, 2 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 …

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 …

"ED Can Interrogate Or Arrest Me In Calcutta, Not Asking For Any Blanket Order": TMC MP Abhishek Banerjee, His Wife Tells Delhi HC
3 years, 6 months ago

"ED Can Interrogate Or Arrest Me In Calcutta, Not Asking For Any Blanket Order": TMC MP Abhishek Banerjee, His Wife Tells Delhi HC

Live Law  

All India Trinamool Congress MP Abhishek Banerjee and his wife informed the Delhi High Court on Monday that the Enforcement Directorate can interrogate or arrest them in Calcutta in connection with West Bengal coal scam case and that they were not asking for a blanket order by approaching the Court.Justice Yogesh Khanna was hearing a peititon filed by the two …

Supreme Court To Recall Suo Motu Extension Of Limitation Period With Effect From October 1
3 years, 6 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, 7 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 …

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