2020 Roundup: 11 Constitution bench judgments, 17 judges, Zero dissent
♦ Did you know? In the year 2020, All the Constitution bench verdicts were unanimous with no dissenting opinion. 9 out of
limitation
Signature obtained by fraud? Burden of proof is on the party alleging such forgery; says SC
Supreme Court: The bench of AM Khanwilkar* and Dinesh Maheshwari, JJ has held that for invoking Section 17 of the Limitation Act,
Is right to pre-emption a recurring right or exercisable only the first time? SC answers
Supreme Court analyses whether the right of pre-emption can be enforced for an indefinite number of transactions or it is exercisable only the first time.
Pat HC | Court upholds the constitutional validity of S. 234E of Income Tax Act; petition challenging the same disposed
Patna High Court: In a petition alleging Section 234E of the Income Tax Act, 1961 to be unconstitutional, ultra vires and in
SC gives a go ahead to enforcement of Malaysian arbitral award in Government versus Vedanta; says it doesn’t contravene public policy of India
Supreme Court: The 3-judge bench of SA Nazeer, Indu Malhotra and Aniruddha Bose, JJ has dismissed Central Government’s plea against enforcement of
Madras HC | Limitation provided under CrPC is applicable to complaints under Domestic Violence Act: Court rejects complaint filed after lapse of 1 yr 10 months
Madras High Court: G.K. Ilanthiraiyan, J., quashed the proceedings filed under the Domestic Violence Act in light of being barred by limitation.
COVID-19| SC’s March 23 order on extension of limitation not applicable to the period of filing charge sheet under Section 167(2) CrPC
Supreme Court: The 3-judge bench of Ashok Bhushan, SK Kaul and MR Shah, JJ has held that it’s order dated 23.03.2020, wherein
Supreme Court releases a list of 1239 matters likely to be heard from June 1
The Supreme Court Registry has notified the list of 1239 matters that are likely to be heard by the Supreme Court through
COVID-19| SC extends limitation prescribed under the A&C, 1996 and the NI Act,1881
Supreme Court: The 3-judge bench of SA Bobde, Deepak Gupta and Hrishikesh Roy, JJ has directed extended the limitation prescribed under the
NCLT | Litigant public shall abide by Supreme Court order with regard to limitation
1. With regard to Limitation, it is clear that the order dated 23.3.2020 passed by Hon’ble Supreme Court in suo motu WP-03/2020
Coronavirus (COVID-19)| Overcrowding of prisons is serious concern; Consider releasing prisoners on parole/bail: SC to States/UTs
“Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread
Coronavirus (COVID-19)| SC extends limitation period for filing petitions/applications/suits/appeals, etc.
Supreme Court: The 3-judge bench of SA Bobde, CJ and L. Nageswara Rao and Surya Kant, JJ invoked its power under Article
5-judge bench holds no time limit could be fixed while granting anticipatory bail [Full report]
Supreme Court: In a significant ruling, a 5-judge bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah, and Ravindra Bhat, JJ has
Del HC | Limitation provided under S. 468 CrPC not applicable to S. 138 NI Act
Delhi High Court: Suresh Kumar Kait, J., dismissed a criminal petition wherein the petitioner sought quashing of the summoning order passed by the
Pat HC | Decision to proceed ex parte held to be right when petitioner purposefully avoided appearing before Court
Patna High Court: Ahsanuddin Amanullah, J. dismissed the application, both on merits as well as on the ground of limitation. The application
Pat HC | Limitation to file revision application denied condonation on grounds of unexplained delay
Patna High Court: Ahsanuddin Amanullah, J. disposed of the revision petition saying that the Court did not find any ground to condone
Del HC | Incarcerated person does not have advantages that of a free man — Courts to take liberal approach while computing limitation in filing of appeals
Delhi High Court: Sanjeev Sachdeva, J. allowed a petition filed against the order of the Appellate Court whereby petitioner’s appeal, against his conviction
No bar on Writ Court entertaining claim for refund of money; no period of limitation for filing of writ petition: Del HC
Delhi High Court: A Single Judge Bench comprising of C. Hari Shankar, J. dismissed a review petition filed on the grounds of challenging
Period of limitation starts from the date of receipt of certified copy of order and not from the date of knowledge of order
National Consumer Disputes Redressal Commission (NCDRC): In an appeal against an order passed by the State Commission West Bengal, the National Consumer
Accused under S. 138 of NI Act acquitted on grounds of limitation
Karnataka High Court: A Single Judge Bench comprising of K. Somashekar, J., decided a criminal appeal, wherein order of acquittal of the