Supreme Court of India Judgements

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Category: Limitation

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…

Limitation

Adverse Possession—Permissive possession over the property howsoever long never becomes adverse to the interest of real owner at any point of time Adverse Possession—The limitation of 12 years begins when the possession of the defendants would become adverse to that of the plaintiffs -Adverse Possession—Proof of—Tax receipt, Chaukidari receipt and Khatian extract—These documents at the most depict the possession of the defendants and not their adverse possession.                                

Nov 1, 2018 sclaw

2018(3) Law Herald (SC) 2316 : 2018 LawHerald.Org 1520 IN THE SUPREME COURT OF INDIA                                                                            Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal…

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State Laws

[MPID Act, S. 2(c) & 2(d)] – Amounts advanced with promise of return and interest qualify as “deposit” accepted by “financial establishment” under the Act. – Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 Section 2(c) and Section 2(d) — Deposit and Financial Establishment — Amounts advanced to individuals with promise of repayment with interest constitute a “deposit” under Section 2(c) and the recipients are “financial establishments” under Section 2(d) of the MPID Act, irrespective of the transaction being termed as a “loan” — The nomenclature of the transaction is not determinative; the essential attributes of the transaction are key.

May 17, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 432 — Constitution of India, 1950 — Article 72 & 161— Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 473 & 477 — Premature release of a prisoner — Rejection of recommendation — Non-speaking order — Order rejecting premature release must provide reasons and reflect due application of mind — Absence of reasons renders the order bald and impossible to ascertain if relevant factors were considered — Violates principles of natural justice and frustrates judicial review.

May 17, 2026 sclaw
Constitution

[Central Sales Tax Act, 1956, S. 3] – No State can levy VAT on inter-State sales; taxation power for inter-State trade vests exclusively with the Union. – Constitution of India, 1950 — Article 269 — Taxes on sale or purchase of goods in the course of inter-State trade or commerce — Levied and collected by Union but assigned to States — Parliament’s power to formulate principles for determining when such sale/purchase takes place — State legislature’s power restricted to intra-State sales.

May 17, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Order 15 Rule 5 — Striking off defence for non-deposit of rent — This is a drastic consequence and the power to strike off a defence is not to be exercised mechanically — The court must consider whether there has been substantial compliance and whether the default is wilful or contumacious. [

May 17, 2026 sclaw