After referring to several decisions, the Supreme Court held that the limitation prescribed under Section 468 of the Code should be related to the filing of complaint and not to the date of cognizance by the Magistrate or issuance of process by the Court. In Basavantappa Basappa Bannihalli and Anr. v. Shankarappa Marigallappa Bannihalli, 1990 … Continue reading The period of limitation in case of Criminal complaint is to be determined on the date of presentation of the complaint to the magistrate
In State of Rajasthan Versus Islam and others [AIR 2011 SC 2317 : JT 2011 (6) SC 452 : (2011) 6 SCALE 389 : (2011) 6 SCC 343 : (2011) 2 SCC (Cri) 951] When Supreme Court exercises its jurisdiction under Article 136, it definitely exercises a discretionary jurisdiction but such discretionary jurisdiction has to be exercised … Continue reading If Apex Court is of opinion that acquittal is not based on a reasonable view, then it may review entire material and there will be no limitation on Apex Court’s jurisdiction under Article 136 .
Supreme Court in Thermax Ltd. and others Versus K.M. Johny and others [(2011) 11 SCALE 128] The principles enunciated from the above-quoted decisions clearly show that for proceedings under Section 156(3) of the Code, the complaint must disclose relevant material ingredients of Sections 405, 406, 420 read with Section 34 IPC. If there is a flavour of civil … Continue reading If there is huge delay and in order to avoid the period of limitation, it cannot be resorted to a criminal proceeding.
The question whether Section 14 of the limitation Act can be relied upon for excluding the time spent in prosecuting remedy before a wrong forum was considered by a two Judge Bench in State of Goa v. Western Builders (supra) in the context of the provisions contained in Arbitration and Conciliation Act, 1996. The Bench … Continue reading Whether Section 14 of the limitation Act can be relied upon for excluding the time spent in prosecuting remedy before a wrong forum in the context of the provisions contained in Arbitration and Conciliation Act, 1996.
In Union of India v. Popular Construction Company , Supreme Court considered the question whether Section 5 of the limitation Act can be invoked for condonation of delay in filing an application under Section 34 of the Arbitration and Conciliation Act, 1996. The two-Judge Bench referred to earlier decisions in Vidyacharan Shukla v. Khubchand Baghel, … Continue reading Whether Section 5 of the limitation Act can be invoked for condonation of delay in filing an application under Section 34 of the Arbitration and Conciliation Act, 1996.
In State of Haryana v. Ch.Bhajan Lal, (1992) 1 Suppl. SCC 335, this Court has exhaustively considered after having referred to a number of decisions, the limitations in exercising the powers under Article 226 of the Constitution or under Section 482, Cr. P.C. to quash the criminal proceedings at the stage of F. I. R. … Continue reading Limitations in exercising the powers under Article 226 of the Constitution or under Section 482, Cr. P.C. to quash the criminal proceedings at the stage of F. I. R.
In India Article 65 of Limitation Act prescribed limitation to recover possession from the person in wrongful possession is 12 years from the date when the person in possession set up hostile title or adverse title, continuing in possession. Article 65, Schedule I of The Limitation Act prescribes limitation of 12 years for a suit … Continue reading Concept of adverse possession and its consequences wherever attracted has been recognized in the statute dealing with limitation.
Allahabad High Court in Narendra Kumar And Anr. vs Collector And Ors. on 23 March, 2004 Equivalent citations: (2004) 2 UPLBEC 2037 held : The Act does not provide for any period of limitation. But Sub-section (4) of Section 3 of the Act is extracted below : “3. (4) In the case of any agreement referred to … Continue reading Whether there is any limitation for recovering the sum due as arrears of land revenue under the U.P. Public Moneys (Recovery of Dues) Act, 1972, and if there is none, whether recovery can be made within reasonable time or it is open to recover at any point of time?
Application includes Writ Petition Interlocutory application Petition for restoration of suit Above all Suit does not include an appeal or an application in Limitation Act True False Cannot be said Not a subject matter of limitation act The Limitation Act, 1963 applies to proceedings before courts Suit before courts Suit and Proceeding Both all the … Continue reading OBJECTIVE SAMPLE QUESTIONS ON LIMITATION ACT, 1963
(1) Whether by invoking the provision of Section 141 of the Code, an application under Order 9, Rule 4 or Order 9, Rule 9 of the Code can be made for setting aside an order of dismissal for default of an application under Rules 4, 9 or 13 of Order 9 of the Code? … Continue reading An Application for restoration a suit dismissed for default if again dismissed for default , the provision of Section 141 read with order 9 would apply and Limitation for such application be governed by Section 137 of Limitation Act- Calcutta High Court[12 May, 1988]
Facts: Vide letter dated February 14, 1968, the Assistant Assessor and Collector (Recovery Cell) of the Municipal Corporation of Delhi had required the appellant to pay a sum of Rs. 19,558.75 as arrears of house tax due in respect of property No. 3432-35/III, Ganda Nala, Mori Gate, Delhi, calculated up to the period ending March 31, … Continue reading What is the period of limitation prescribed for recovery of arrears of house tax due to the Municipal corporation
The Limitation Act 1963 PERIODS OF LIMITATION [See sections 2(j) and 3] The Statute of limitation is a disabling act and action for claiming rights flowing from various laws is barred with lapse of time as indicated in the Limitation Act. Limitation for an action in law, therefore, has to be found within the four … Continue reading The Limitation Act, 1963 [THE SCHEDULE]
Article 136 of Limitation Act A partition suit contemplates passing of a preliminary and a final decree. There are multiple stages in the suit as observed in Shub Karan Bubna Vs. Sita Saran Bubna & Ors. (2009(9) SCC 689). The Hon’ble Supreme Court in Shub Karan (supra) observed that in a suit for partition or separation of a … Continue reading The Scope of Limitation Act in Partition Suit
Law Library Introduction The Statute of Limitation is founded on public policy, its aim being to secure peace in the community, to suppress fraud and perjury, to quicken diligence and to prevent oppression. It seeks to bury all acts of the past which have not been agitated unexplainably and have from lapse of time become stale. The law of … Continue reading The Law of Limitation
KEYWORDS:-Murder acquittal (2011) 13 SCALE 140 (SUPREME COURT OF INDIA) State of Rajasthan Appellant Versus Shera Ram @ Vishnu Dutta Respondent (Before : Swatanter Kumar and Ranjana Prakash Desai, JJ.) Criminal Appeal No. 1502 of 2005 : Decided On: 01-12-2011 Criminal Procedure Code, 1973—Sections 374 and 378—Appeal—There is very thin but fine distinction between appeal … Continue reading State of Rajasthan Versus Shera Ram @ Vishnu Dutta [All SC 2011 December]
The penal laws in India are primarily based upon certain fundamental procedural values, which are right to fair trial and PRESUMPTION of innocence. A person is presumed to be innocent till proven guilty and once held to be not guilty of a criminal charge, he enjoys the benefit of such PRESUMPTION which could be interfered … Continue reading A person is presumed to be innocent till proven guilty and once held to be not guilty of a criminal charge, he enjoys the benefit of such presumption
In INDIRA NEHRU GANDHI VS SHRI RAJ NARAIN [ALL SC 1975 NOVEMBER] held:- 190. A declaration that an order made by a court of law is void is normally part of the judicial function and is not a legislative function. Although there is it the Constitution of India no rigid separation of powers, by and large the spheres … Continue reading Whether a declaration that an order made by a court of law is void is normally part of the judicial function and is not a legislative function ?
Supreme Court in Matajog Dobey v. H. C. Bhari, (1955) 2 SCR 925 interpreted the words “official duty” to have reasonable connection between the act and the discharge of duty. The act must bear such relation to the duty that the person could lay a reasonable claim, but not a pretended fanciful claim, that he … Continue reading Meaning of Official Duty
In INDIRA NEHRU GANDHI VS SHRI RAJ NARAIN [ALL SC 1975 NOVEMBER] it is held :- The hierarchical structure of the legal order of a State is that the Constitution is the highest level within national law. The Constitution in the formal sense is a solemn document containing a set of legal norms which may be changed only … Continue reading What is Constitution ?
Supreme Court in Motiram Padu Joshi and Others Vs. State of Maharashtra –Criminal Appeal No. 1479 of 2015 decided on July 10, 2018, held :- From the above decisions, in our considered view, the following general principles regarding powers of the appellate court while dealing with an appeal against an order of acquittal emerge: (1) … Continue reading What are powers of the appellate court while dealing with an appeal against an order of acquittal
In Suraj Lamp and Industries Pvt. Ltd. Versus State of Haryana and Another[(2011) 11 SCALE 438] , the Supreme Court held :- Any CONTRACT of sale (agreement to sell) which is not a registered deed of conveyance (deed of sale) would fall short of the requirements of Sections 54 and 55 of Transfer of Property Act and will not … Continue reading SA/GPA/WILL transaction does not convey any title nor create any interest in an immovable property
The Netherlands is a hereditary constitutional monarchy, with a parliamentary form of government based on the principles of ministerial responsibility, with the Monarch as the Head of State. The Kingdom of the Netherlands dates from 1814. The Constitution of the Netherlands (hereinafter “NC”) was adopted in 1814 and was last amended on 7 July 2002. … Continue reading Constitution of the Kingdom of the Netherlands of August 24, 1815
KEYWORDS:- Shariat law a statute which takes away or impairs vested rights under existing laws is presumed not to have retrospective operation. AIR 1961 SC 808 : (1962) 1 SCR 67 (SUPREME COURT OF INDIA) C. Mohammad Yunus Appellant Versus Syed Unnissa and others Respondent (Before : J. L. Kapur, M. Hidayatullah And J. C. Shah, … Continue reading C. Mohammad Yunus Vs Syed Unnissa and others [ALL SC 1961 FEBRUARY]
KEYWORDS: venereal disease-ground for divorce AIR 1999 SC 495 : (1998) 1 Suppl. SCR 723 : (1998) 8 SCC 296 : JT 1998 (7) SC 626 : (1998) 6 SCALE 230 (SUPREME COURT OF INDIA) Mr. ‘X’ Appellant Versus Hospital ‘Z’ Respondent (Before : S. Saghir Ahmad And B. N. Kirpal, JJ.) Civil Appeal No. … Continue reading Mr. ‘X’ Versus Hospital ‘Z’[ALL SC 1998 SEPTEMBER]
AIR 2007 SCW 4367 : JT 2007 (6) SC 282 : (2007) 6 SCALE 134 : (2007) 6 SCC 517 (SUPREME COURT OF INDIA) Moran M. Baselios marthoma Mathews II and OTHERS Appellant Versus State of Kerala and OTHERS Respondent (Before : S. B. Sinha And Markandey Katju, JJ.) Civil Appeal Nos. 5460-5466 of 2004, … Continue reading Moran M. Baselios marthoma Mathews II and OTHERS Vs State of Kerala and OTHERS [ALL SC 2007 APRIL]