Category: Limitation

Limitation Act, 1963 — Article 54 — Suit for specific performance — Commencement of limitation period — Where the defendant subsequently executed an affidavit ratifying the agreement to sell and conveying no-objection to the transfer, the period of limitation commences from the date of the admitted affidavit, as this is the stage at which the executant finally refused to execute the sale deed to the extent of her share — Trial court and High Court erred in dismissing the suit on the ground of limitation calculated from an earlier disputed date. (Paras 13, 35, 36, 37)

2026 INSC 35 SUPREME COURT OF INDIA DIVISION BENCH MUSLIMVEETIL CHALAKKAL AHAMMED HAJI Vs. SAKEENA BEEVI ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Civil Appeal No(S). 3894…

Civil Procedure Code, 1908 (CPC) — Order 8 Rule 1 — Limitation for filing Written Statement in Commercial Suits — Extension of time due to COVID-19 pandemic — Supreme Court’s suo motu order excluded period from 15.03.2020 to 28.02.2022 for computing limitation — Even if statutory period of 120 days expired, if it fell within the excluded period, defendant should be allowed to file Written Statement.

2025 INSC 1202 SUPREME COURT OF INDIA DIVISION BENCH M/S ANVITA AUTO TECH WORKS PVT. LTD. Vs. M/S AROUSH MOTORS AND ANOTHER ( Before : Aravind Kumar and N.V. Anjaria,…

The statutory limitation period for filing an appeal before the National Company Law Appellate Tribunal (NCLAT) under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 (IBC) is thirty days, commencing from the date of pronouncement of the order by the National Company Law Tribunal (NCLT) — The NCLAT possesses discretion to condone delay for a further period not exceeding fifteen days, upon satisfaction of sufficient cause

2025 INSC 447 SUPREME COURT OF INDIA FULL BENCH A RAJENDRA Vs. GONUGUNTA MADHUSUDHAN RAO AND OTHERS ( Before : Abhay S. Oka, Ahsanuddin Amanullah and Augustine George Masih, JJ.…

Limitation Act, 1963 — Section 5 — Condonation of Delay — The appellant was penalized for deserting his family and living with another woman — The penalty was challenged due to procedural delays and alleged mistakes by his counsel — Whether the delay in filing the appeal should be condoned and whether the penalty imposed was justified — The delay was due to the counsel’s mistake, and the penalty was disproportionate since the complainant (his wife) had withdrawn her complaint — The representations were examined and rejected, and the withdrawal of the O.A. was authorized by the appellant — The Supreme Court set aside the impugned orders, holding that the appellant is entitled to all consequential benefits — The delay was sufficiently explained, and the penalty was disproportionate given the withdrawal of the complaint and lack of evidence — The court emphasized a liberal approach to condonation of delay and the need for substantial justice — The appeals were allowed, and the appellant was granted all consequential benefits.

2024 INSC 577 SUPREME COURT OF INDIA DIVISION BENCH MOOL CHANDRA — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Aravind Kumar and Sandeep Mehta, JJ.…

Dismissal of Civil Suit – Condonation of delay – Standing to file an application – The court clarified that only parties to a suit or those who have accrued a right in the lis can file an application for condonation of delay in filing an application for restoration of the suit. A stranger to the proceedings cannot file such an application.

2024 INSC 394 SUPREME COURT OF INDIA DIVISION BENCH VIJAY LAXMAN BHAWE SINCE DECEASED THROUGH HIS LEGAL HEIRS — Appellant Vs. P & S NIRMAN PVT. LTD. AND OTHERS —…

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