Limitation Act

Case BriefsHigh Courts

Chh HC | Whether in a criminal proceeding, S. 14(1) of Limitation Act, 1963 would be applicable? Court not to apply beneficent provisions in a pedantic manner  

Chhattisgarh High Court: Sanjay K Agrawal J., dismissed the petition being devoid of merits. The facts of the case are such that

Case BriefsHigh Courts

Ker HC | Is there a limitation period for wife to claim property entrusted to in-laws given in form of dowry? Court answers

Kerala High Court: A Full Bench of A.M. Shaffique, Sunil Thomas and Gopinath, JJ., held that there is no limitation period for wife/divorced wife

Case BriefsHigh Courts

Kar HC | Whether delay and latches be put against a person who approaches the Writ Court under Article 226 of the Constitution? HC determines

Karnataka High Court: S. G. Pandit J., rejected the petition on the ground of delay and latches. The facts of the case

Case BriefsHigh Courts

Kar HC | Unless fraudulent act proved, limitation for suits by or on behalf of State or Centre not maintainable after 30 years

Karnataka High Court: M.I. Arun, J. allowed the writ petition and declared the show cause notice or any subsequent proceeding as null

Case BriefsTribunals/Commissions/Regulatory Bodies

NCLAT | Whether provisions of Limitation Act, 1963 vide S. 238A of I&B Code, 2016 will be applicable to all NPA cases or not? Tribunal answers

National Company Law Appellate Tribunal (NCLAT): Full Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Justice Anant Bijay Singh (Member, judicial) and

Op EdsOP. ED.

Exclusions From Limitation: Some oft used exclusions to save limitation

by Karl Shroff*

Case BriefsHigh Courts

Raj HC | Delay in filing of restoration application condoned due to missing of file to be attached by appellants within stipulated time

Rajasthan High Court: A Division Bench of Sangeet Lodha and P.K. Lohra, JJ. allowed an application for restoration and condoned the delay

Case BriefsSupreme Court

Plaintiff can take a plea of adverse possession under Article 65 of Limitation Act, 1963: SC

Supreme Court: The 3-judge bench of Arun Mishra, SA Nazeer and MR Shah, JJ has held that the Article 65 of Limitation Act, 1963 not only enables

Case BriefsTribunals/Commissions/Regulatory Bodies

NCLT | Article 137 of Limitation Act not applicable to insolvency application under S.7 IBC where corporate debtor acknowledges debt in its balance sheet

National Company Law Tribunal, Mumbai: The Bench of Bhaskara Pantula Mohan, Member (Judicial) and V. Nallasenapathy, Member (Technical) allowed a petition filed by

Case BriefsHigh Courts

Del HC | Day on which money was transferred to be excluded while computing period of limitation for filing recovery proceedings

Delhi High Court: A Single Judge Bench comprising of Vinod Goel, J. dismissed a petition against the order of District and Sessions Judge,

Case BriefsHigh Courts

Decisive factor for condonation of delay is not length of delay but sufficient and satisfactory explanation

Gujarat High Court: A Single Judge Bench comprising of S.H. Vora, J. allowed the condonation of delay as the sufficient cause stands

Case BriefsHigh Courts

Appeal filed along with application for condonation of delay when dismissed is a decree within Section 2(2) CPC

Orissa High Court: A Single Judge Bench of Dr A.K. Rath, J., dismissed a writ petition challenging the order passed by the

Case BriefsHigh Courts

Cause of action in probate of will is continuing in nature – limitation starts from the date hindrance is posed to legatee of bequeathed property

Patna High Court: A Single Judge Bench comprising of Prabhat Kumar Jha, J. while hearing a civil writ petition held that in

Case BriefsHigh Courts

“Open, mutual and current account” exists only when there are shifting balances; cash payment simpliciter held not to extend limitation under Section 18, 19 limitation Act: Delhi HC

Delhi High Court: A Single Judge Bench comprising of Valmiki Mehta, J., dismissed a regular first appeal filed under Section 96 of

Case BriefsHigh Courts

Limitation Act does not apply to writ petitions; retired employee is entitled to receive interest on delayed pension: Cal HC

Calcutta High Court: A Single Judge Bench comprising of Arijit Banerjee, J. disposed of a writ petition by granting payment of interest

Case BriefsTribunals/Commissions/Regulatory Bodies

Limitation on initiation of ‘process’ by financial creditor to be counted from the date when Section 7 I&B Code came into force: NCLAT

National Company Law Appellate Tribunal (NCLAT): A two-member bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice Bansi Lal Bhat, Member (Judicial)

Case BriefsSupreme Court

Limitation Act not applicable on election petition; appeal filed after the period prescribed under Haryana Panchayati Raj Act held barred by limitation: SC  

Supreme Court: The Bench comprising of CJ Dipak Misra and Dr D.Y. Chandrachud, J. held that the election petition filed after the

Case BriefsHigh Courts

Power under S. 5 of Limitation Act is not to be exercised in a mechanical manner

Himachal Pradesh High Court: A civil petition was decided by a Single Judge Bench comprising of Ajay Mohan Goel, J., wherein the

Case BriefsSupreme Court

30 days limitation period under Section 30 of RDB Act can’t be condoned by Section 5 of Limitation Act

Supreme Court: Deciding the question as to whether Section 5 of the Limitation Act, 1963 can be invoked to condone the prescribed