limitation Archives

Seeking appointment of Arbitrator beyond three years is barred by limitation: Supreme Court reiterates

Supreme Court said that whether any particular facts constitute a cause of action has to be determined with reference to the facts of each case and with reference to the substance, rather than the form of the action. If an infringement of a right happens at a particular time, the whole cause of action will be said to have arisen then and there.

Case Briefs High Courts

Section 15 of HMA does not make any distinction between a contested decree and an ex parte decree; Delhi High Court upholds second marriage of husband

Delhi High Court observed that an ex parte decree of divorce also it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within the period of limitation.

Case Briefs High Courts

Meghalaya High Court| Governor has residuary power to carve out authority already conferred under 6th Schedule and vest the same in some other Court or officer

Meghalaya High Court said that there is no limitation on the powers of the Governor in conferring a part of the authority pertaining to the Penal Code or some special law, to a particular Court or officer appointed in that behalf.

Case Briefs Supreme Court

Specific Relief| Supreme Court shows dismay over Trial Court & Telagana HC’s orders allowing “hopelessly delayed” application seeking extension of time filed after 853 days; sets aside order

The Supreme Court was unimpressed with the explanation given by the plaintiff for the delay of 853 days that he initially fell sick with Jaundice and was later confined to house with High Blood Pressure, Diabetes and other diseases. The petition had extension of time to deposit the balance sale consideration of Rs. 15,00,000/-.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Deduction of TDS itself is not sufficient to conclude the transaction: NCLAT

While dismissing the appeal challenging the order of Adjudicating Authority which dismissed a S. 7 IBC application on the ground of want of limitation, the Tribunal held that there is no question of going into the merits of the case and the application is barred by limitation.

Case Briefs High Courts

Madras High Court| Non-signatories can join as parties to arbitral proceedings, if they are the ‘alter ego’ of the signatory

Madras High Court held that the petitioners are not entitled to join respondents 3 to 5 as parties to arbitral proceedings, as they do not qualify as “alter egos” of the first respondent or as successors-in-interest.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | IBC overrides Limitation Act; Delay beyond period of 45 days cannot be condoned

While adjudicating an appeal file with a delay of 55 days, the Tribunal held that S. 238 IBC overrides S. 12 of the Limitation Act, 1963 and therefore this Tribunal does not have power to condone a delay beyond a period of 45 days.

Case Briefs High Courts

Bombay High Court| Procedure of constitution of the Arbitral Tribunal is overshadowed by MSMED Act, but does not eclipse the agreement between parties in case of exclusive jurisdiction

Bombay High Court: In a petition filed by Gammon Engineers & Contractors Pvt. Ltd. under Section 34 of the Arbitration Act, 1996

Akaant Mittal Experts Corner

Limitation in Filing Appeal before the NCLAT — Interesting Development

by Akaant Kumar Mittal†
Cite as: 2023 SCC OnLine Blog Exp 8

Case Briefs District Court

Haryana Court | Right to earn in consideration of work done under an employment is an essence covered by Article 21 of the Constitution of India

Vikrant J. recorded that when the benefit of two ACPs was granted to the plaintiff after the completion of 10 and 20 years of service respectively, there is no justification for not granting him the benefit of 3rd ACP after the completion of 30 years of satisfactory service before retirement.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Date of default cannot be strictly construed as the date of Non-Performing Assets

In the instant matter, the Adjudicating Authority dismissed S. 7 IBC application on the ground of limitation and the Tribunal acknowledged that there was default and debt, and the application is not barred by limitation.

Case Briefs High Courts

‘Time period of 6 months for filing Motor Accident Claim must be calculated from the date of accident’; Kerala High Court interprets “month”

Kerala High Court while dealing with the issue of limitation for filing claim petition, considered the months and not days from the date of accident, for calculating the limitation period.

Case Briefs High Courts

Madras High Court dismisses contempt proceedings against presiding officer of family Court; Imposes Rs. 50,000 costs on the petitioner

Madras High Court held that the contempt petition is not maintainable and barred by limitation. Thus, dismissed contempt proceedings against the presiding officer of Family Court as he was not the presiding officer when the order was passed.

Case Briefs High Courts

Absence of application to condone delay barred by limitation; Madras High Court quashes FIR against self-styled Godman Shiva Sankar Baba

Madras High Court: In a criminal original petition filed under Section 482 of the Code of Criminal Procedure (CrPC) for

Case Briefs High Courts

Delhi High Court| Interpretation of an arbitration clause must be predicated upon a construction of the contract as a whole, and no particular word or phrase should be unduly emphasized to negate the clause of its true meaning

Delhi High Court: In a case filed by Panasonic India Private Limited (petitioner) seeking appointment of an arbitrator to adjudicate disputes which

Case Briefs High Courts

Delhi High Court| Negligence of counsel not a reasonable ground within Order XI Rule 1(5) CPC; Facts of the case must disclose ‘urgency’ to avail benefit under Or. XI R. 1(4) CPC

Delhi High Court: In a case filed by the petitioner challenging dismissal order in relation to an application filed seeking

Case Briefs High Courts

Delhi High Court | Arbitration cannot be invoked even by consent of the parties once the claim is found to be time-barred

Delhi High Court: In a case filed by Extramarks Education India Private Limited (petitioner) seeking appointment of an arbitrator to

Case Briefs Supreme Court

IBC-Limitation| Pendency of proceedings in a parallel forum not sufficient cause for delay in filing Section 9 IBC application: Supreme Court

“A claim may not be barred by limitation. It is the remedy for realisation of the claim, which gets barred by limitation.”

Case Briefs Supreme Court

Explained| Party willing to pay but has no funds: Will it amount to readiness and willingness for specific performance of a contract?

Supreme Court: In a suit for specific performance the Division Bench of Indira Banerjee* and Hrishikesh Roy, JJ., explained the

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC| Points of law regarding ‘limitation’ and ‘consumer’ should not be raised in revision just for the sake of prolonging a case

“The purpose of looking into the records of the lower fora in revision is principally to see whether any jurisdictional error or material irregularity has been committed, which has to be judged by seeing their orders in the light of the evidence and material placed before them i.e., the material which they were privy to when they passed their orders”