Supreme Court of India Judgements

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Category: Limitation

Limitation

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.

May 12, 2024 sclaw

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 —…

Limitation

Limitation Act, 1963 – Haryana Public Moneys (Recovery of Dues) Act, 1979 – Section 3(1)(b) – State Financial Corporation Act, 1951 – Section 29 – The appeals arise from a High Court judgment regarding the recovery of time-barred debts under the Act, 1979, and the Act, 1951 – The main issue is whether a debt time-barred under the Limitation Act can be recovered using the aforementioned Acts – The appellants argued that time-barred debts cannot be recovered under the Recovery of Dues Act, citing the precedent set in V.R. Kalliyanikutty – The respondents argued that the Recovery of Dues Act and the State Financial Corporations Act allow for time-barred debt recovery, as they only bar the remedy, not the right – The court examined whether the Recovery of Dues Act creates a new right for creditors and allows for time-barred debt recovery – The court discussed the distinction between a debt and the right of action for its recovery, noting that the statute of limitation bars the latter but not the former – The court concluded that the Recovery of Dues Act and the State Financial Corporations Act provide an alternative mechanism for recovering debts, even if they are time-barred – Matter needs to be placed before the Hon’ble Chief Justice of India to constitute an appropriate three-judge bench.

May 12, 2024 sclaw

2024 INSC 396 SUPREME COURT OF INDIA DIVISION BENCH K.P. KHEMKA AND ANOTHER — Appellant Vs. HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED AND OTHERS — Respondent ( Before…

Limitation

Limitation Act, 1963 – Section 5 – Condonation of Delay – Delay of 1663 days – The State of U.P. filed a SLP against an order dated 13.11.2009 by the Allahabad High Court, with a delay of 1,633 days – The main issue was the condonation of the significant delay in filing the SLP – The State argued that the delay was due to the time taken for obtaining legal opinion and permissions, and later, the realization that the appeal was not filed initially – The application for condonation of delay was dismissed, and consequently, the SLP was also dismissed – The court found the explanation for the delay unsatisfactory, especially since the State was aware of the High Court’s order when it was passed – The court did not find sufficient cause to condone the delay, leading to the dismissal of the SLP.

May 5, 2024 sclaw

2024 INSC 375 SUPREME COURT OF INDIA DIVISION BENCH STATE OF U.P. AND ANOTHER — Appellant Vs. MOHAN LAL — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal, JJ.…

Limitation

Civil Procedure Code, 1908 – Order 9 Rule 7 – Limitation Act, 1963 – Section 5 –The Court found no satisfactory explanation for the delay, noting the appellant’s negligence and inconsistency in statements – The Supreme Court dismissed the appeal, upholding the orders of the lower courts and refusing to condone the inordinate delay.

Apr 13, 2024 sclaw

2024 INSC 281 SUPREME COURT OF INDIA DIVISION BENCH K.B. LAL (KRISHNA BAHADUR LAL) — Appellant Vs. GYANENDRA PRATAP AND OTHERS — Respondent ( Before : Sudhanshu Dhulia and Prasanna…

Land Acquisition Limitation

Land Acquisition Act, 1894 – Section 18 – Limitation Act, 1963 – Section 3 – The court emphasized the importance of the law of limitation, stating that litigation must have an end and cannot be prolonged indefinitely – The court discussed the mandatory nature of Section 3 of the Limitation Act and the discretionary nature of Section 5, which allows for condonation of delay if ‘sufficient cause’ is shown – The Supreme Court upheld the High Court’s decision, dismissing the Special Leave Petition due to the petitioners’ negligence and lack of due diligence in pursuing the matter.

Apr 13, 2024 sclaw

2024 INSC 286 SUPREME COURT OF INDIA DIVISION BENCH PATHAPATI SUBBA REDDY (DIED) BY L.RS. AND OTHERS — Appellant Vs. THE SPECIAL DEPUTY COLLECTOR (LA) — Respondent ( Before :…

Limitation

Limitation Act, 1963 – Section 5 – Condonation of Delay – Court emphasized the importance of timely litigation and found no sufficient cause to condone the extensive delay – The Supreme Court dismissed the appeal, upholding the High Court’s decision not to condone the delay – The respondent was entitled to the decree’s benefits without further legal delays.

Apr 3, 2024 sclaw

2024 INSC 262 SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. JAHANGIR BYRAMJI JEEJEEBHOY (D) THROUGH HIS LR — Respondent ( Before : Aniruddha…

Limitation

Court finds merit in the petitioner’s arguments, stating that the time spent before the Tehsildar should be excluded from the limitation period, as it was pursued with due diligence and good faith – The appeal is allowed, the previous orders are set aside, and the execution application is restored for fresh consideration regarding the limitation period – The Court emphasizes the need to interpret Section 14 of the Limitation Act in a manner that advances justice.

Apr 3, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PURNI DEVI AND ANOTHER — Appellant Vs. BABU RAM AND ANOTHER — Respondent ( Before : Sanjay Karol and Aravind Kumar, JJ. ) Civil…

Arbitration Limitation

Arbitration and Conciliation Act, 1996 – Section 11(6) – Whether the Limitation Act, 1963 is applicable to an application for appointment of arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 – The court allows the petition and appoints a former judge of the Supreme Court as the sole arbitrator – The court also suggests that the Parliament should consider bringing an amendment to the Act, 1996 prescribing a specific period of limitation for filing an application under Section 11 of the Act, 1996

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S ARIF AZIM CO. LTD. — Appellant Vs. M/S APTECH LTD — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., J.B. Pardiwala and…

Limitation

Jogighopa (Assam) Unit of Ashok Paper Mills Limited (Acquisition Transfer of Undertaking) Act, 1990, is not governed by the prescription of limitation under Article 116 of the Limitation Act, 1963 – In the absence of any particular period of time being prescribed to file an appeal, the same would be governed by the principle of ‘reasonable time’, for which, by virtue of its very nature, no straitjacket formula can be laid down and it is to be determined as per the facts and

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S NORTH EASTERN CHEMICALS INDUSTRIES (P) LTD. AND ANOTHER — Appellant Vs. M/S ASHOK PAPER MILL(ASSAM) LTD. AND ANOTHER — Respondent ( Before :…

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Tenders & Contracts

E-auction — Typographical error — e-auction for a manganese and iron ore block submitted a bid of 140.10% instead of its intended bid of 104.10% due to a typographical error — The court allowed the company’s appeal and ordered a fresh e-auction for the block — The company was also ordered to pay Rs 3 crore ($400,000) to the state as compensation for the delay caused by its error.

Jul 20, 2024 sclaw
Corporate

Drugs (Price Control) Order, 1995 — Paragraph 13 — Recovery of overcharged amount of drugs — Demand made by the National Pharmaceutical Pricing Authority (NPPA) to recover an overcharged amount for a Cloxacillin-based drug formulation called Roscilox — The Court found that the appellant’s admission of purchasing the drug directly from the manufacturer made it liable under Paragraph 13 of the Drugs (Price Control) Order, 1995 (DPCO) — The Court also rejected the appellant’s claim that it was only a ‘dealer’ and not a ‘distributor’ under the DPCO, as the definitions of these terms under the DPCO are not mutually exclusive — The Court further noted that the objective of the DPCO is to control the prices of medicinal drug formulations and ensure they are made available to the common man, and thus, the provision should not be subjected to a restricted or hidebound interpretation — Appeal Dismissed.

Jul 20, 2024 sclaw
I P C Matrimonial

Penal Code, 1860 (IPC) — Sections 498A, 323 and 504 — Dowry Prohibition Act, 1961 — Sections 3 and 4 — Irretrievable breakdown of marriage as a ground for divorce — The court recognized that irretrievable breakdown of marriage, where the parties have been living separately for a significant period and all efforts at reconciliation have failed, can be a valid ground for divorce — This expands the grounds for divorce beyond the traditional grounds mentioned in the Hindu Marriage Act, 1955.— One-time settlement as a mode of permanent alimony — The court allowed the parties to opt for a one-time settlement as a mode of permanent alimony, instead of periodic payments — This provides flexibility to the parties in resolving their financial obligations towards each other.

Jul 20, 2024 sclaw
Service

Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014 — Rules 5 and 11 — The Supreme Court has dismissed appeals challenging the validity of a judgment by the Patna High Court, which allowed a candidate to be considered for appointment as a City Manager in Bihar — The candidate had scored to meet up the minimum qualifying marks of 32% — The court found that the minimum qualifying marks were only for the written test and not for the overall selection process — The court also rejected the appellants’ reliance on an executive order issued in 2007, stating that it was not applicable to the rules issued in 2014 — The court concluded that the candidate was eligible and qualified to be considered for appointment as she had met the minimum qualifying marks in the written test.

Jul 20, 2024 sclaw