Supreme Court of India Judgements

46650 Judgements hosted as on 11/11/2024 - Search (FREE), Subscribe, Read & Download

Category: Limitation

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.…

C P C Limitation

Application for condonation of delay, that as such no explanation much less a sufficient or a satisfactory explanation had been offered by respondents – High Court has not exercised the discretion judiciously – Reasoning given by the High Court while condoning huge delay of 1011 days is not germane – Court cannot enquire into belated and stale claims on the ground of equity – Delay defeats equity – Courts help those who are vigilant and “do not slumber over their rights”

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAJJI SANNEMMA @ SANYASIRAO — Appellant Vs. REDDY SRIDEVI AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

Limitation

Second Appeal – Specific performance of the contract – Non service of notice due to change of address – While dealing with the issue of condonation of delay in respect of matters pending at the appellate stage, has clearly observed that advocates usually inform the litigants who are to be in contact. Sometimes, they assure their clients that will give information to them as and when matter would be ripe for hearing – High Court erred in dismissing the second appeal solely on the ground of limitation.

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. YASHWANTRAO BHASKARRAO DESHMUKH — Appellant Vs. RAGHUNATH KISAN SAINDANE — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. ) Civil Appeal…

Limitation

Suit for redemption – Limitation – Suit for redemption can be filed within 30 years from the date fixed for redemption.- Advance of loan and return thereof are part of the same document which creates a relationship of debtor and creditor – Thus, it would be covered by proviso in Section 58(c) of the Act – Order of First Appellate Court accepting the appeal of the defendants and dismissing the suit for redemption is not sustainable in law, so as the order passed by the High Court – Appeal allowed.

Aug 15, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHIMRAO RAMCHANDRA KHALATE (DECEASED) THROUGH LRS. — Appellant Vs. NANA DINKAR YADAV (TANPURA) AND ANOTHER — Respondent ( Before : Hemant Gupta and A.S.…

Limitation

Plaintiff was pursuing writ petition bona fidely–If the period taken for pursuing the remedy is excluded, the suit must be held to have been filed within the period prescribed by the Limitation Act–Interest on Delayed payments to small Scale and Ancillary Industrial Undertaking Act, S 4–Limitation Act, 1963, S 14.   

Jun 13, 2021 sclaw

2009(2) LAW HERALD (SC) 771 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7315 of 2008…

Limitation

For appeals filed under section 37 of the Arbitration Act that are governed by Articles 116 and 117 of the Limitation Act or section 13(1A) of the Commercial Courts Act, a delay beyond 90 days, 30 days or 60 days, respectively, is to be condoned by way of exception and not by way of rule

Mar 21, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH GOVERNMENT OF MAHARASHTRA (WATER RESOURCES DEPARTMENT) REPRESENTED BY EXECUTIVE ENGINEER — Appellant Vs. M/S BORSE BROTHERS ENGINEERS AND CONTRACTORS PRIVATE LIMITED — Respondent (…

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Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw