Supreme Court: Army Must Prove Disability Was Unrelated to Service to Deny Pension  ||  SC: Grant of Fishing Rights by Deed is a Transfer of Immovable Property, Qualifies as Lease  ||  Gujarat HC: Waqf Board Inquiry into Religious Character Not Barred by Places of Worship Act  ||  Gauhati HC Rejects Failed Candidates’ Challenge to Law Officers’ Appointment Procedures  ||  Kerala HC Grants Pre-Arrest Bail to Woman Accused of Throwing Newborn, Cites Lack of Intent  ||  P&H HC Quashes Case, Holds 'Heart Lung Pack' was not a Notified Drug in 2010  ||  Kerala HC: Illegal Arrest Entitles Accused to Release, Not Bail  ||  Allahabad HC Explains: Does Conversion Automatically Strip a Person of Scheduled Tribe Status?  ||  Delhi HC Rejects Vimal Elaichi Plea against FDA Notice to Shah Rukh Khan, Ajay Devgn, Tiger Shroff  ||  Calcutta HC Upholds Jail Term for Owner Over Unauthorised Construction under Roof-Repair Permit    

Matthew and Others v. Sedman and Others - (21 May 2021)

While calculating limitation period in a midnight deadline case, there is complete undivided day following the expiry of deadline which has to be included in the same

Limitation

The Appellants are the present trustees of a Trust (the “Trust”). They replaced the Respondents. Further the Trust had a share in a company called Cattles plc, a listed company. In the year 2008, in the month of April the company published an annual report and rights issue prospectus containing misleading information. Trading in the shares of the listed company was suspended. Consequently in February, 2011, schemes of arrangement were approved in respect of Cattles plc and a subsidiary namely the Welcome Financial Services Limited (“Welcome”). Due to the misleading information in the annual report and the prospectus, the Trust has a claim against Cattles plc and Welcome under the schemes. However under the scheme of arrangement a valid claim could have been made upto midnight on Thursday 2nd June 2011. However the Respondents did not do the same.

The issue in this case was whether a cause of action accrues at or on the expiry of the midnight hour at the end of a day the following day counts towards the calculation of the limitation period

The Court in the present case unanimously dismissed the appeal and observed that in a midnight deadline case, there is a complete undivided day following the expiry of the deadline which has to be included when calculating the limitation period. The claim against Welcome was initiated out of such time.

Tags : MIDNIGHT DEADLINE   LIMITATION PERIOD  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved