Supreme Court of India Judgements

46780 Judgements hosted as on 30/05/2025 - Search (FREE), Subscribe, Read & Download

Category: Limitation

Limitation SARFAESI

Limitation Act, 1963 – Section 18 – Effect of acknowledgment in writing – Documents relating to acknowledgement claiming benefit of Section 18 were introduced at appellate stage, and such documents being balance sheets and settlement offers, the same could be accepted even at the appellate stage.

Sep 26, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AXIS BANK LIMITED — Appellant Vs. NAREN SHETH AND ANOTHER — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ. ) Civil Appeal…

Adverse Possession Limitation

Adverse possession – A party claiming adverse possession must prove that his possession is “nec vi, nec clam, nec precario”, that is, peaceful, open and continuous. The possession must be adequate in continuity, in publicity and in extent to show that their possession is adverse to the true owner. It must start with a wrongful disposition of the rightful owner and be actual, visible, exclusive, hostile and continued over the statutory period.

Aug 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF KERALA AND ANOTHER — Appellant Vs. JOSEPH AND OTHERS — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. )…

Arbitration Limitation

Bank guarantee encashed in 2016 requisite amount stood transferred to Government account that was the end of the matter – This “Breaking Point” should be treated as the date at which the cause of action arose – statutory time period cannot be defeated on the ground that the parties were negotiating

May 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S B AND T AG — Appellant Vs. MINISTRY OF DEFENCE — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI. and J. B.…

Direct Taxation Income Tax Act Limitation

Income Tax Act, 1961 – Section 150(2) – Clarification regarding waiver of limitation – Revenue to file an appropriate review application for the relief sought in the present application and as and when such review application is filed the same can be heard in the open court.

May 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRINCIPAL COMMISSONER OF INCOME TAX, CENTRAL-3 — Appellant Vs. ABHISAR BUILDWELL P. LTD. — Respondent ( Before : M.R. Shah and Sudhanshu Dhulia, JJ.…

Limitation Property Matters Waqf

Waqf Act, 1995 – Section 52 – Limitation Act, 1963 – Section 27 – Even in regard to a proceeding under the Act be it Section 52 if as on the date the action is taken, the title in the property stood vested with the person in possession by virtue of Section 27 of the Limitation Act then it may not be permissible to ignore the right which had been acquired.

Apr 16, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SABIR ALI KHAN — Appellant Vs. SYED MOHD. AHMAD ALI KHAN AND OTHERS — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ.…

Limitation

Limitation Act, 1963 – Articles 58 and 72 – Suit for declaration – Trial Court held that the suit was barred by limitation considering Articles 58 and 72 of the Limitation Act and when the same was confirmed by the First Appellate Court, the High Court ought not to have interfered with the said findings of facts in exercise of powers under Section 100 of the CPC.

Feb 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF HIMACHAL PRADESH AND OTHERS — Appellant Vs. CHANDERVIR SINGH NEGI — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

Constitution Limitation

Army Act, 1950 – Sections 45 and 122 – Martial Proceedings – Period of limitation for trial – For the purpose of Section 122, the two dates will be relevant i.e., the date when the alleged offence comes to the knowledge of the person aggrieved and the date on which the authority competent to initiate action comes to know about the alleged offence

Nov 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH IC-56663X COL ANIL KUMAR GUPTA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Uday Umesh Lalit, CJI., and Bela…

Limitation

Maxim lex fori, the Section provides that rules of limitation provided in a foreign jurisdiction are not applicable – However, the exception to this Rule is provided in Section 11 (2)(a), when the Contract i.e., the right itself expires – Similarly, Section 27 also recognizes the principle of extinguishment of Right to Property being an exception to the applicability of the Limitation Act, 1963.

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M/S BHAGWANDAS B. RAMCHANDANI — Appellant Vs. BRITISH AIRWAYS — Respondent ( Before : K.M. Joseph and Pamidighantam Sri Narasimha, JJ. ) Civil Appeal…

Limitation

Limitation Act, 1963 – Section 5 – Limitation Act does not apply to the institution of civil suit in the Civil Court – National Commission has grossly erred in observing in the impugned order that the complainant would be at liberty to seek remedy in the competent Civil Court and that if he chooses to bring an action in a Civil Court, he is free to file an application under Section 5 of the Limitation Act, 1963.

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  SUNIL KUMAR MAITY — Appellant Vs. STATE BANK OF INDIA AND ANOTHER — Respondent ( Before : Sanjiv Khanna and Bela M. Trivedi, JJ.…

You missed

C P C

Appellate court should decide on merits based on document interpretation when possible, rather than unnecessarily remanding, particularly when area and boundaries are consistent.

May 30, 2025 sclaw
Electricity Act

Determination of ‘change in law’ compensation and carrying cost at LPS rates is governed by PPA restitutionary principles, effective from the event date, requiring supplementary billing after competent forum adjudication.

May 30, 2025 sclaw
Constitution

Fundamental right under Article 22(1) requires meaningful communication of valid arrest grounds for lawful detention, failure vitiates arrest.

May 30, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 — Section 482 — Discretionary power — Exercise of — Quashing of proceedings at advanced stage of trial — Even if trial advanced, where dispute purely commercial, fully settled with no outstanding dues, and no continuing public interest, continuation of criminal proceedings amounts to abuse of process and can be quashed.

May 30, 2025 sclaw