Limitation Archives - Page 6 of 9 - Supreme Court of India Judgements

Power To Condone Delay Under Sec 5 Limitation Act Applies To Special Or Local Laws If It Is Not Expressly Excluded : SC

Oct 28, 2019 sclaw

The Supreme Court has reiterated that the power to condone delay under Section 5 of the Limitation Act is applicable to proceedings under special or local laws if it is…

Limitation

Companies Act, 1956 – Sections 433, 434, 433(e) and 434(1)(c) – Winding up Petition – Trigger of limitation – A winding up proceeding is a proceeding ‘in rem’ and not a recovery proceeding, the trigger of limitation, so far as the winding up petition is concerned, would be the date of default.

Sep 29, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH JIGNESH SHAH AND ANOTHER — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : R.F. Nariman, R. Subhash Reddy and Surya…

Limitation

Date Of Default Alone Is Relevant For Triggering Limitation For Winding Up Petition: SC Dismisses IL& F S Petition Against La-Fin – Art 137 Limitation applies to such disputes

Sep 26, 2019 sclaw

Date Of Default Alone Is Relevant For Triggering Limitation For Winding Up Petition: SC Dismisses IL& F S Petition Against La-Fin – Art 137 Limitation applies to such disputes IN…

Limitation

Limitation Act is applicable to applications filed under Sections 7 and 9 of the (IBC) Code from the inception of the Code, Article 137 of the Limitation Act gets attracted. “The right to sue”, therefore, accrues when a default occurs.

Sep 12, 2019 sclaw

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.23988 OF 2017 B.K. EDUCATIONAL SERVICES PRIVATE LIMITED …APPELLANT VERSUS PARAG GUPTA AND ASSOCIATES …RESPONDENTS WITH CIVIL APPEAL…

Limitation

IMP:: Does Adverse Possession also give right to sue for title? Supreme Court says YES

Aug 8, 2019 sclaw

Does Adverse Possession also give right to sue for title? Supreme Court says YES Shruti Mahajan August 7 2019 A person who has “perfected title” over an immovable property through adverse possession can maintain a suit under…

Limitation

V IMP::::Limitation—Applicability of Act—Suits, appeals and applications referred to in the Limitation Act are those which are to be filled in a Court and not before a Statutory authority

Jul 6, 2019 sclaw

2019(2) Law Herald (SC) 1592 : 2019 LawHerald.Org 1017 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No. 4582…

Limitation

Condonation of Delay—Inordinate delay in filing of appeal by government department having well established legal cell cannot be condoned on ground that their lawyer did not took timely steps

Apr 9, 2019 sclaw

2019(1) Law Herald (SC) 832 : 2019 LawHerald.Org 719 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal Nos.…

Limitation

Limitation–Under Section 28 of Contract Act, parties are entitled to provide a period of limitation shorter than that prescribed under Limitation Act.

Feb 19, 2019 sclaw

2009(1) LAW HERALD (SC) 466 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 6347 of…

Limitation

Limitation—Bar of Limitation—In order to decide the question of limitation as to whether the suit is filed within time or not, the Court is mainly required to see the plaint allegations and how the plaintiff has pleaded the accrual of cause of action for filing the suit.

Dec 30, 2018 sclaw

2018(4) Law Herald (SC) 3273 : 2018 LawHerald.org 1789 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal…

Limitation

Limitation Act, 1963, Art. 58–Limitation–Cause of action–Mere existence of a wrong entry in the revenue records does not, in law, give rise to a cause of action within the meaning of Article 58 of the Act. — Cause of action for the purposes of Article 58 of the Act accrues only when the right asserted in the suit is infringed or there is atleast a clear and unequivocal threat to infringe that right–Therefore, the mere existence of an adverse entry into the revenue record cannot give rise to cause of action.

Nov 15, 2018 sclaw

2010(1) LAW HERALD (SC) 307 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Aftab Alam Civil Appeal No.5339 of 2002 Daya…

Power To Condone Delay Under Sec 5 Limitation Act Applies To Special Or Local Laws If It Is Not Expressly Excluded : SC

Date Of Default Alone Is Relevant For Triggering Limitation For Winding Up Petition: SC Dismisses IL& F S Petition Against La-Fin – Art 137 Limitation applies to such disputes

Limitation Act is applicable to applications filed under Sections 7 and 9 of the (IBC) Code from the inception of the Code, Article 137 of the Limitation Act gets attracted. “The right to sue”, therefore, accrues when a default occurs.

IMP:: Does Adverse Possession also give right to sue for title? Supreme Court says YES

V IMP::::Limitation—Applicability of Act—Suits, appeals and applications referred to in the Limitation Act are those which are to be filled in a Court and not before a Statutory authority

Condonation of Delay—Inordinate delay in filing of appeal by government department having well established legal cell cannot be condoned on ground that their lawyer did not took timely steps

Limitation–Under Section 28 of Contract Act, parties are entitled to provide a period of limitation shorter than that prescribed under Limitation Act.

Limitation—Bar of Limitation—In order to decide the question of limitation as to whether the suit is filed within time or not, the Court is mainly required to see the plaint allegations and how the plaintiff has pleaded the accrual of cause of action for filing the suit.

You missed

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Supreme Court of India Judgements

Category: Limitation

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