Search Results for Tag : Time bar

News

Gau HC: Courts Have Duty to Examine & Reject Time Barred Claims to Protect Parties from Arb. Process(07.06.2024)

Gauhati High Court has held that courts have a duty to examine and reject time-barred claims in order to prevent parties from getting trapped in costl.....

Tags : Gauhati High Court, Time Barred Claims, Arbitration Processes

Delhi HC: Suit Can Be Rejected Without Trial Where Proceedings Are Time Barred(06.04.2022)

Delhi High Court has ruled that where the plaintiff’s pleading discloses that a suit is barred by time, there is no fetter on the trial Court to rejec.....

Tags : Delhi High Court, Pleadings Disclose Proceedings, Time Barred

SC: Can Dismiss Suit as Time Barred Even If No Specific Issue Regarding Limitation Was Framed(14.04.2025)

Supreme Court has observed that because of the mandate of Section 3 of the Limitation Act, 1963 a suit can be dismissed as time barred even if no spec.....

Tags : Supreme Court, Time Barred, Section 3

SC: MSME Suppliers Can Pursue Time Barred Debts through Conciliation Proceedings but Not Arbitration(18.07.2025)

Supreme Court has held that MSME supplier's right to recover the principal amount and interest thereon subsists even after the expiry of the limitatio.....

Tags : Supreme Court, Time Barred Debts, Conciliation Proceedings

SC: Can’t Reject Plaint as Time Barred When Limitation is Mixed Question of Fact & Law(01.05.2025)

Supreme Court has held that a plaint cannot be rejected on the ground of limitation when the issue of limitation is a mixed question of fact and law a.....

Tags : Supreme Court, Time Barred, Fact & Law

Judgments

For every kind of refund, time limit as prescribed under Section 11B of Central Excise Act, 1944 is applicable(30.01.2017)

In facts of present case, Appellant is a 100% EOU engaged in manufacture and export of pharmaceutical products issued with private bonded warehouse an.....

Tags : Refund, Eligibility, Time bar

Refund application beyond period specified could not be entertained unless refund was a consequence of declaration of provision as unconstitutional(23.09.2016)

Appellant had imported Heavy Melting Steel Scrap. Appellant committed inadvertent mistake and paid excess amount in respect of Bills of Entry. Present.....

Tags : Refund, Time Barred, Grant

When suit is filed on basis of an open, mutual and current account, limitation commences at end of financial year for which the transactions are entered into(24.08.2018)

Present Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the Plaintiff in the suit impugning the Judgment .....

Tags : Suit, Time barred, Validity

When default occurred over three years prior to filing of application, prayer to trigger CIRP against the Corporate Debtor is to be declined(16.02.2021)

The issue raised in present appeal against order passed by the Adjudicating Authority (National Company Law Tribunal), dismissing the Appellant's appl.....

Tags : CIRP, Initiation, Time bar

Prosecution of a remedy before the Consumer Forum is a valid ground to invoke and apply the provisions of Section 14 of Limitation Act(23.06.2021)

The present appeal challenges the concurrent findings rendered by the Courts below, holding that Section 14 of the Limitation Act, 1963 was not applic.....

Tags : Specific performance, time barred, Legality

State cannot enrich itself unjustly, when no duty was liable to be paid by Appellant(16.08.2021)

The Appellant is engaged a manufacture of Galvanized Transmission and Communication Tower Plants. A refund claim for an amount of Rs.2,01,262 was file.....

Tags : Refund, Time bar, Eligibility

Refund claimed after one year is time barred in terms of provisions of Section 11B of Central Excise Act(22.08.2022)

In facts of present case, the refund is filed for the excess payment of the Service Tax after period of 1 year. The refund was rejected on the ground .....

Tags : Refund, Provision, Time barred

An inquiry would commence only when Disciplinary Authority is of the opinion that there are grounds to enquire into the matter(12.12.2017)

The Petitioner has filed the present petition, impugning a "status report" prepared by Respondent No. 5, holding that, the complaint of sexual harassm.....

Tags : Complaint, Sexual harassment, Time barred