Specific Performance Suit - When No Time Is Fixed For Performance, Limitation Runs From Period When Plaintiff Had Notice Of Refusal : Supreme Court
1 year, 3 months ago

Specific Performance Suit - When No Time Is Fixed For Performance, Limitation Runs From Period When Plaintiff Had Notice Of Refusal : Supreme Court

Live Law  

The Supreme Court on Tuesday held that, when no time is fixed for specific performance of a contract, then the limitation period for a specific performance suit as per Article 54 of Part II of the Schedule to the Limitation Act, 1963, will run from the date on which the plaintiff had notice of refusal on part of the defendant to perform the contract to determine the period. The Supreme Court on Tuesday held that, when no time is fixed for specific performance of a contract, then the limitation period for a specific performance suit as per Article 54 of Part II of the Schedule to the Limitation Act, 1963, will run from the date on which the plaintiff had notice of refusal on part of the defendant to perform the contract to determine the period of limitation. The first part of Article 54 states that the limitation period for filing a suit for specific performance would be three years from the date fixed for performance. The Apex Court noted that the 3-year limitation period to file a suit for specific performance had commenced in 1991, when the 3rd Respondent had filed a suit for injunction.

Performance Court Specific Performance Limitation Period Notice Date Suit Article Three Years No Time Fixed Specific Refusal Specific Performance Suit  supreme  period  date  refusal  fixed  runs  notice  suit  plaintiff  specific  article  limitation  performance  court

History of this topic

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

Specific Performance Of Contract Can Be Refused If Suit Wasn't Filed Immediately After Breach Though Within Limitation Period : Supreme Court
7 months, 2 weeks ago

Specific Performance Of Contract Can Be Refused If Suit Wasn't Filed Immediately After Breach Though Within Limitation Period : Supreme Court

Live Law  

Even though the limitation period for filing a suit for specific performance of a contract is three years, the Supreme Court held that every suit for specific performance of the contract filed within the period of limitation cannot be decreed. The court noted that the three-year limitation period for filing the suit for specific performance of the contract wouldn't grant …

S.5 Limitation Act Does Not Apply To Application U/S 34 Arbitration Act, Timeline Provided To Be Adhered Strictly: Allahabad High Court
7 months, 3 weeks 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 For Specific Performance Suit Runs From Date When Plaintiff Had Notice Of Refusal When No Date Is Fixed For Performance : Supreme Court
1 year, 2 months ago

Limitation For Specific Performance Suit Runs From Date When Plaintiff Had Notice Of Refusal When No Date Is Fixed For Performance : Supreme Court

Live Law  

The Supreme Court, while dismissing a suit, arising from an Agreement to Sell, noted that while the ATS was dated 31.07.1975, the suit was filed by the respondent named Anjuman on 01.01.1981. Further, the limitation for filing a suit for specific performance, as per Article 54 of the Schedule to the Limitation Act, 1963 is 3 years ‘from the date …

Arbitration | Section 34 Application Must Be Filed Within 90 Days Limitation To Claim Exclusion Of Period When Court Remain Closed : Supreme Court
1 year, 9 months ago

Arbitration | Section 34 Application Must Be Filed Within 90 Days Limitation To Claim Exclusion Of Period When Court Remain Closed : Supreme Court

Live Law  

The Supreme Court has held that an application under Section 34 of Arbitration and Conciliation Act, 1996 must be filed within “prescribed period” of limitation i.e. SUPREME COURT VERDICT Exclusion of period during which the Court was closed from computation of limitation only available when application for setting aside award is filed within “prescribed period” of limitation The Bench placed …

What Is The Scope Of Limitation In Suit For Specific Performance Where No Time Was Mentioned For Execution Of Sale Deed? MP High Court Answers
1 year, 11 months ago

What Is The Scope Of Limitation In Suit For Specific Performance Where No Time Was Mentioned For Execution Of Sale Deed? MP High Court Answers

Live Law  

The Madhya Pradesh High Court recently held that the limitation period in a suit for specific relief with respect to a sale deed, where no time was mentioned for its execution, would commence from the date it comes to the notice of the Plaintiff that specific performance is being refused to them by the Defendant. Bansal observed- In the present …

Court Not Obliged To Consider Merits Of An Appeal Which Is Barred By Limitation & No Plausible Cause For Delay Is Shown: Supreme Court
2 years, 8 months ago

Court Not Obliged To Consider Merits Of An Appeal Which Is Barred By Limitation & No Plausible Cause For Delay Is Shown: Supreme Court

Live Law  

The Supreme Court observed that a court has no obligation to consider the merits of an appeal which is barred by limitation and no plausible cause for delay is shown.The bench also observed that the law of limitation binds everybody including the Government and a different yardstick for condonation of delay cannot be laid down because the government is involved.In …

Specific Performance Suit Filed Within Limitation Cannot Be Dismissed On The Sole Ground Of Delay Or Laches: SC [Read Judgment]
4 years, 2 months ago

Specific Performance Suit Filed Within Limitation Cannot Be Dismissed On The Sole Ground Of Delay Or Laches: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a suit for specific performance filed within limitation cannot be dismissed on the sole ground of delay or laches.Once a suit for specific performance has been filed, any delay as a result of the court process cannot be put against the plaintiff as a matter of law in decreeing specific performance, the bench comprising …

[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 …

Condonation of Delay In Filing Petitions Under Special/Local Law – Issue Should Be Heard By A Larger Bench
5 years, 2 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 …

Delay To File Suit For Specific Performance Not A Ground To Deny Relief If It Was Filed Within Limitation Period: SC [Read Judgment]
5 years, 5 months ago

Delay To File Suit For Specific Performance Not A Ground To Deny Relief If It Was Filed Within Limitation Period: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the delay in filing suit for specific performance cannot be a ground to deny relief to the plaintiff, as long as it is filed within the period of limitation. While dismissing the suit, the Madras High Court had observed thus: "It has not been explained by the plaintiff as to why she should wait …

Discover Related