Search Results for Tag : Limitation Act

Judgments

Provisions of Limitation Act would apply mutatis mutandis to proceedings under IBC in NCLT/NCLAT(05.04.2021)

Present Appeal has been filed by the Appellant-Mr. Thomas George who is director of the suspended Board of the Corporate Debtor Mathstraman Manufactur.....

Tags : Limitation Act, Provisions, Applicability

News

Ker. HC: S.5 of Limitation Act Not Applicable to Condone Delay in Filing Plea u/s 34 of A&C Act(22.12.2023)

Kerala High Court has held that Section 5 of the Limitation Act has no application to condone delay in filing a petition for setting aside an arbitral.....

Tags : Kerala High Court, Limitation Act, Condone, Delay, Arbitration

SC: Delay in Filing Appeal Challenging Acquittal u/s 378 CrPC Can Be Condoned u/s 5 Limitation Act(22.02.2024)

Supreme Court has held that the delay occurring in filing an appeal against acquittal of accused under Section 378 of Code of Criminal Procedure, 1973.....

Tags : Supreme Court, Section 378 of CrPC, Section 5 of Limitation Act

SC: Application Under Section 7 IBC Can Claim Benefit of Section 14 Limitation Act(24.03.2021)

Supreme Court has held that in an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 the applicant can claim the benefit of Secti.....

Tags : Supreme Court, Benefit of Section 14 Limitation Act

SC: Application Under Section 7 IBC Can Claim Benefit of Section 14 Limitation Act(24.03.2021)

Supreme Court has held that in an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 the applicant can claim the benefit of Secti.....

Tags : Supreme Court, Benefit of Section 14 Limitation Act

Chhattisgarh HC: Limitation Act Does Not Apply to Criminal Proceedings Unless Specific Provisions(02.02.2022)

Chhattisgarh High Court has held that the Limitation Act, 1963, does not apply to criminal proceedings unless express and specific provisions to that .....

Tags : Chhattisgarh High Court, Limitation Act

Limitation Act is applicable to arbitration proceedings initiated under Section 18(3) MSMED Act(29.06.2021)

Appeals are against impugned judgment by which the High Court, while referring to various provisions of the Arbitration and Conciliation Act, 1996 (19.....

Tags : Limitation Act, Provisions, Applicability

SC: Can’t Include Time Spent in Contesting Bonafide Litigation at Wrong Forum, While Computing Limi.(04.04.2024)

SC has held that Section 14 of Limitation Act, 1963 makes it clear that an applicant who has prosecuted another civil proceeding with due diligence, b.....

Tags : Supreme Court, Section 14 of Limitation Act, Bonafide Litigation, Limitation

Sec. 17 Limitation Act Can’t Be Invoked in Filing Application to Set Aside Arbitration Award: SC(27.09.2018)

Supreme Court has held that Section 17 of the Limitation Act cannot be invoked to condone the delay in preferring application to set aside the arbitra.....

Tags : Supreme Court, Limitation Act

Supreme Court: Power To Condone Delay Under Limitation Act Does Not Apply To Suits(08.03.2022)

Supreme Court has held that the power to condone delay under Section 5 of the Limitation Act does not apply to suits. The Court further held that Limi.....

Tags : Supreme Court, Limitation Act 1963, Mizoram

Supreme Court Reiterates Section 18 Limitation Act Is Applicable To IBC Proceedings(19.05.2022)

Supreme Court reiterates that the provisions of Section 18 of the Limitation Act are applicable to proceedings under the Insolvency and Bankruptcy C C.....

Tags : Supreme Court, Insolvency and Bankruptcy Code, 2016, Section 18 Limitation Act

SC: Starting Point of Limitation Commences from the Date the Defendant's Possession Becomes Adverse(16.10.2024)

Supreme Court has held that in terms of Article 65 of the Limitation Act, 1963 the starting point of limitation would not commence from the date when .....

Tags : Supreme Court, Limitation Act, Right of Ownership

All. HC: Railway Claim Tribunal has Power to Condone Delay U/S 5 of Limitation Act(18.08.2023)

Allahabad High Court has held that if sufficient cause is made out, Railway Claim Tribunal has power to condone the delay under section 5 of the Limit.....

Tags : Allahabad High Court, Limitation Act, Railway Claim Tribunal

Ker. HC: Limitation Act Doesn’t Stipulate Time for Victim to File Appeal U/S 372 CrPC(13.10.2023)

Kerala High Court while relying on judgment in Sobhanakumari K. vs. Santhosh (MANU/KE/2167/2017), has held that here is no time period stipulated unde.....

Tags : Kerala High Court, Limitation Act, Appeal, Conviction

Kerala High Court: Limitation Period Starts From Date Continuous Breach of Contract Comes to an End(29.10.2025)

Kerala High Court held that under Section 55 of the Limitation Act, when a contract is continuously breached, the limitation period for filing a claim.....

Tags : Limitation Act, Contract, Claim

SC: If Statute Prescribes Lesser Time, Section 5 of Limitation Act Can’t be Invoked(25.10.2023)

Supreme Court has held that if there is a lesser time period specified as limitation in a statute, then the provisions of the Limitation Act, 1963 can.....

Tags : Supreme Court, Limitation Act, Statute

SC on WBPT Act: Tenant Not Protected from Eviction If Rent Not Paid Within 30 Days(18.08.2025)

SC has held that tenants can't claim protection under Section 7 of the West Bengal Premises Tenancy Act, 1997 if they fail to deposit admitted rent an.....

Tags : Supreme Court, WBPT Act, Rent Default, Tenant Eviction, Limitation Act, Section 7

Ori. HC: Although Limitation Act is Not Strictly Applicable to a Writ Petition, But the Principles Ap(21.03.2025)

Ori. High Court has observed that although the Limitation Act, 1963 is not strictly applicable to a writ petition, but the principles apply. Delay or .....

Tags : Orissa High Court, Limitation Act, Writ Petition

SC: Once Limitation Act applies, all its provisions will Apply to the proceedings under Public Premis(07.04.2025)

SC has observed that a party cannot argue that only section 3 of Limitation Act along with the limitation provided under Limitation Act will apply and.....

Tags : Supreme Court, Limitation Act, Public Premises Act

SC: Absence of Arbitration Agreement Make Article 137 of Limitation Act Inapplicable to Arbitration(07.04.2022)

Supreme Court has observed that Article 137 of the Limitation Act, 1963 would be inapplicable in arbitration proceedings commenced under Bihar Public .....

Tags : Supreme Court, Article 137 of the Limitation Act, 1963, Bihar Public Works Contracts Disputes Arbitration Tribunal, arbitration proceedings