Supreme Court of India Judgements

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Category: Limitation

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 :…

Limitation Rent

Limitation Act, 1963 – Section 5 – West Bengal Premises Tenancy Act, 1997 – Sections 7(1) and 7(2) – Non-payment of arrears of rent – Extension of time – While the Limitation Act may be generally applicable to the proceedings under the Tenancy Act, the restricted proviso under Section 7 of the said Act, providing a time period beyond which no extension can be granted, has to be applicable.

Oct 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DEBASISH PAUL AND ANOTHER — Appellant Vs. AMAL BORAL — Respondent ( Before : Sanjay Kishan Kaul and Sudhanshu Dhulia, JJ. ) Civil Appeal…

Land Acquisition Limitation

Limitation Act, 1963 – Section 5 – Land Acquisition Act, 1894 – Section 18 – Condonation of delay of around 479 days in presentation of an appeal from the decision of the Reference Court under section 18 of the Land Acquisition Act, 1894 – High Court’s decision to condone the delay does not suffer from any error warranting interference, such an exercise of discretion does, at times, call for a liberal and justice-oriented approach by the Courts, where certain leeway could be provided to the State – A court of appeal should not ordinarily interfere with the discretion exercised by the courts below – An appellate power interferes not when the order appealed is not right but only when it is clearly wrong.

Oct 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHEO RAJ SINGH (DECEASED) THROUGH LRS. AND OTHERS — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Bela M. Trivedi…

Limitation Specific Performance

Limitation Act, 1963 – Article 54 and Section 9 – Suit for specific performance – Limitation – Article 54 of Part II of the Schedule to the Limitation Act, 19637 stipulates the limitation period for filing a suit for specific performance as three years from the date fixed for performance, and in alternative when no date is fixed, three years from the date when the plaintiff has notice that performance has been refused – when no time is fixed for performance, the court will have to determine the date on which the plaintiff had notice of refusal on part of the defendant to perform the contract.

Sep 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH A. VALLIAMMAI — Appellant Vs. K.P. MURALI AND OTHERS — Respondent ( Before : Sanjiv Khanna and Bela M. Trivedi, JJ. ) Civil Appeal…

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Cheque Dishonour

Negotiable Instruments Act, 1881 — Sections 138, 139, 118 — Dishonour of cheque — Presumptions — Scope — Once execution/signature admitted, presumption arises that cheque was for consideration and discharge of legally enforceable debt — Burden initially on accused to rebut by raising probable defence — Mere plea of complainant’s financial incapacity, without documentary or independent evidence, not sufficient — Failure to reply to statutory notice, an adverse inference against accused — Defence that blank signed cheque given for obtaining bank loan, held unbelievable.

Oct 2, 2025 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Sections 34 and 37 — Setting aside of arbitral award — Scope of interference — Courts are prohibited from rewriting contracts and should not interfere with arbitral awards unless grounds under Section 34 are met, such as violation of public policy or patent illegality. Interference is justified when an award shocks the conscience or is contrary to basic notions of justice. The scope of appeal under Section 37 is narrower than Section 34.

Oct 2, 2025 sclaw
I P C

Penal Code, 1860 (IPC) — Section 302 — Murder — Conversion of conviction — Where evidence shows that though accused had knowledge that injuries would cause death, there is no material to prove intention to kill, conviction under Section 302 IPC is not tenable and should be converted to Section 304 Part I IPC.

Oct 2, 2025 sclaw
Acquittal

Criminal Procedure Code, 1973 (CrPC) — Section 374(2) — Appeals against conviction — High Court’s power to acquit — High Court, after considering evidence and finding patent infirmities and insufficiency of evidence in the prosecution case, rightly acquitted the accused giving them the benefit of doubt.- Evidence Act, 1872 — Section 65-B — Electronic records — Call detail records — Non-production of certificate under Section 65-B along with call detail records renders them inadmissible — Handwritten notes of call details without examining the scribe are not proved according to law.

Oct 2, 2025 sclaw