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Cognizance for Extension of Limitation, In re: Operative Effect of the Supreme Court’s order dated 10-1-2022 | A case comment

by Davidson Devashish*

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.”

Case Briefs Supreme Court

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

Experts Corner Lakshmikumaran & Sridharan

GST Tightens the Reins: No More Edits, No More Extensions

by Shweta Walecha and Srijita Chakraborty

Case Briefs Tribunals/Commissions/Regulatory Bodies

Acknowledgment of Balance Sheet under Section 18 of Limitation Act to be counted from date of signing of Balance Sheet: NCLAT

“There is no mandatory requirement for factorising the date of uploading of the balance sheet on the MCA portal for computing the period of limitation.”

Case Briefs High Courts

Limitation for offence punishable under Section 498-A of IPC commences from the last act of cruelty: Bombay HC

Limitation for prosecution under Section 498-A¹ of IPC does not continue for indefinite period as such interpretation will render Section 468² of CrPC nugatory/otiose for the purpose of Section 498-A of IPC which does not appear to be the legislature’s intention.

Case Briefs Supreme Court

Application 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.”

Case Briefs High Courts

Calcutta 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.

Experts Corner Justice Hemant Gupta

Time to Fill the Legislative Vacuum for Limitation Under the Arbitration and Conciliation Act, 1996

by Justice (Retd.) Hemant Gupta*

Case Briefs Supreme Court

‘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.

Case Briefs Supreme Court

Limitation 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.

Case Briefs High Courts

‘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.”

Case Briefs High Courts

Calcutta 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.

Case Briefs Supreme Court

COVID-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.

Case Briefs High Courts

Madhya 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.

Akaant Mittal Experts Corner

Limitation in Filing Appeal before the NCLAT — Interesting Development

by Akaant Kumar Mittal†
Cite as: 2023 SCC OnLine Blog Exp 8

Case Briefs High Courts

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

Case Briefs Supreme Court

SCC Times

Search Results for: extension of limitation

Cognizance for Extension of Limitation, In re: Operative Effect of the Supreme Court’s order dated 10-1-2022 | A case comment

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.

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

GST Tightens the Reins: No More Edits, No More Extensions

Acknowledgment of Balance Sheet under Section 18 of Limitation Act to be counted from date of signing of Balance Sheet: NCLAT

Limitation for offence punishable under Section 498-A of IPC commences from the last act of cruelty: Bombay HC

Application 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

Calcutta High Court directs authorities to consider Kolkata Metro timings extension till 11:30pm

Time to Fill the Legislative Vacuum for Limitation Under the Arbitration and Conciliation Act, 1996

‘3 years is a long period for filing application for appointing arbitrator’; SC suggests Parliament to bring amendment prescribing specific limitation period

Limitation for appeal against acquittal can be condoned: Supreme Court

‘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)

Calcutta High Court allows 6 months extension of Arbitral Mandate under Section 29A(4) of the Arbitration and Conciliation Act, 1996

COVID-19 Limitation Period Suspension included outer limit of period to condone delay: Supreme Court

Madhya Pradesh High Court allows fresh adjudication on limitation issue in Arbitration appeal

Limitation in Filing Appeal before the NCLAT — Interesting Development

Absence of application to condone delay barred by limitation; Madras High Court quashes FIR against self-styled Godman Shiva Sankar Baba

Corporate Insolvency, Claims against Corporate Debtor and Period of Limitation; SC assesses impact of COVID-19 pandemic

COVID-19/Omicron surge yet again forces Supreme Court to extend period of limitation for filing of cases

Exploring Arbitration Claims through the Lens of Law of Limitation: A comprehensive analysis