Search Results for: extension of limitation
COVID-19| ‘Country is returning to normalcy; Courts/Tribunals are functioning’; Supreme Court ends extension of limitation period for filing petitions/applications/suits/appeals, etc.
“We are of the opinion that the order dated 15.03.2020* has served its purpose and in view of the changing scenario relating to the pandemic, the extension of limitation should come to an end.”
Continue readingCOVID-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
Continue readingApplication for extension of time for passing arbitral award under Section 29A of Arbitration Act is maintainable even after 18-month deadline for making of award: SC
“Section 29A intends to ensure the timely completion of arbitral proceedings while allowing Courts the flexibility to grant extensions when warranted. Prescribing a limitation period, unless clearly stated in words or necessary, should not be accepted. Bar by limitation has penal and fatal consequences.”
Continue readingCalcutta High Court directs authorities to consider Kolkata Metro timings extension till 11:30pm
A PIL was filed seeking an extension of the timing of the last train operated by the Kolkata Metro based on the comparison with other Metro Rails operating in different cities/states, where the last train typically runs until 11:30 p.m.
Continue reading‘3 years is a long period for filing application for appointing arbitrator’; SC suggests Parliament to bring amendment prescribing specific limitation period
Supreme Court, while allowing the present petition, appointed Justice Sanjay Kishan Kaul, Former Judge of the Supreme Court of India, to act as the sole arbitrator.
Continue readingLimitation for appeal against acquittal can be condoned: Supreme Court
Supreme Court acknowledged that in case of special law prescribing a limitation period, Section 5 of the Limitation Act would have no application.
Continue reading‘Limitation period for arbitration to be decided by Arbitral Tribunal while passing order u/s 20 of A&C Act’; Telangana HC appoints nominee arbitrator u/s 11(6)
“It is a well-settled law that while deciding the question of appointment of arbitrator, the Court shall not touch the merits of the case as it may cause prejudice to the case of the parties.”
Continue readingCalcutta High Court allows 6 months extension of Arbitral Mandate under Section 29A(4) of the Arbitration and Conciliation Act, 1996
Calcutta High Court emphasized the distinction between vigilant litigants and those contributing to unnecessary delays in the arbitration process, ultimately ruling in favor of the petitioner.
Continue readingCOVID-19 Limitation Period Suspension included outer limit of period to condone delay: Supreme Court
The appellants mainly averred that the further period of 90 days had not expired on the date of imposition of lockdown as on 23-03-2020.
Continue readingMadhya Pradesh High Court allows fresh adjudication on limitation issue in Arbitration appeal
Madhya Pradesh High Court held that the Trial Court failed to properly adjudicate the issue related to calculation of limitation period.
Continue readingLimitation in Filing Appeal before the NCLAT — Interesting Development
by Akaant Kumar Mittal†
Cite as: 2023 SCC OnLine Blog Exp 8
Absence of application to condone delay barred by limitation; Madras High Court quashes FIR against self-styled Godman Shiva Sankar Baba
Madras High Court: In a criminal original petition filed under Section 482 of the Code of Criminal Procedure (CrPC) for
Continue readingCorporate Insolvency, Claims against Corporate Debtor and Period of Limitation; SC assesses impact of COVID-19 pandemic
Supreme Court: In a case relating to Corporate Insolvency, the Division Bench comprising of Indira Banerjee* and J.K. Maheshwari, JJ., quashed the
Continue readingCOVID-19/Omicron surge yet again forces Supreme Court to extend period of limitation for filing of cases
Supreme Court: After the Supreme Court Advocates-on-Record Association approached the Court in light of the spread of Omicron, the new variant of
Continue readingExploring Arbitration Claims through the Lens of Law of Limitation: A comprehensive analysis
by Tariq Khan†
Cite as: 2021 SCC OnLine Blog Exp 71
Interplay of IB Code with Law on Limitation – Putting to Rest Section 18 Dilemma – Part II
by Akaant Kumar Mittal†
Cite as: 2021 SCC OnLine Blog Exp 33
Chh HC | Legislature does not prescribe limitation with the object of destroying the rights of parties; Word “sufficient cause” to be given liberal construction
Chhattisgarh High Court: Rajendra Chandra Singh Samant, J., allowed the petition and set aside the impugned order. The facts of the case
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