Keywords:- Limitation-Time barred Debt- The rules of limitation are not meant to destroy the rights of the parties. S. 3 of the Limitation Act 36.of 1963, for short “the Act” only bars the remedy, but does not destroy the right which the remedy relates to. The right to the debt continues to exist notwithstanding the remedy is barred by the limitation. Only exception in which … Continue reading Punjab National Bank and others Versus Surendra Prasad Sinha [ALL SC 1992 APRIL]
KEYWORDS:- APPLICATION OF SECTION 5 IN CRIMINAL MATTER- In a case where an application for special leave to appeal from an order of acquittal is filed after the coming into force of the Limitation Act, 1963, Section 5 would be available to the applicant and if he can show that he had sufficient cause for not preferring the application within the time limit of sixty … Continue reading Mangu Ram AND OTHERS Versus Municipal Corporation of Delhi [ALL SC 1975 OCTOBER ]
KEYWORDS:- APPLICABILITY OF LIMITATION LAW IN ARBITRATION AIR 2008 SCW 4182 : JT 2008 (6) SC 22 : (2008) 6 SCALE 748 : (2008) 7 SCC 169 (SUPREME COURT OF INDIA) M/s. Consolidated Engineering Enterprises Appellant Versus Principal Secretary, (Irrigation Department) and OTHERS Respondent WITH Hatti Gold Mines Co. Ltd. Appellant Versus Vinay Heavy Equipments Respondent (Before : K. G. Balakrishnan, C.J.I. R. V. Raveendran … Continue reading M/s. Consolidated Engineering Enterprises Versus Principal Secretary, (Irrigation Department) and OTHERS [ ALL SC 2008 APRIL]
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 nature, the same cannot be agitated in the form of … 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 referred to the provisions of the two Acts and observed: … 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, AIR 1964 SC 1099, Hukumdev Narain Yadav v. Lalit Narain … 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.
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 above. The period spent in prosecuting the case before the … Continue reading OBJECTIVE SAMPLE QUESTIONS ON LIMITATION ACT, 1963
KEYWORDS-LIMITATION- BUT NOT THEREAFTER- DATE:-February 02, 2018- The language of the proviso to Section 421(3) which contains mandatory or peremptory negative language and speaks of a second period not exceeding 45 days, which would have the same effect as the expression “but not thereafter” used in Section 34(3) proviso of the Arbitration Act, 1996. ACTS:- Section 421(3) of the Companies Act, 2013-Section 34(3) proviso of the … Continue reading Bengal Chemists & Druggists Association Vs. Kalyan Chowdhury[SC 2018 February]
KEYWORDS: Article 227 of the Constitution- supervisory jurisdiction- Limitation- It is well established that it is only when an order of an inferior forum is violative of the fundamental basic principles of justice and fair play or where a flagrant error in procedure or law has crept in or where the order passed results in manifest injustice that a court can justifiably intervene under Article 227 of the Constitution. … Continue reading The Board Of Trustees For The Port vs N/S – Costal Roadways Ltd [Calcutta HC 2015 August]
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, 1967. It was mentioned in the said notice that in … Continue reading What is the period of limitation prescribed for recovery of arrears of house tax due to the Municipal corporation