Limitation Act, 1963; Section 5-If subsequent change of law is allowed as a valid ground for condonation of delay, it would open a Pandora’s Box where all the cases that were subsequently overruled, or the cases that had relied on the judgements that were subsequently overruled, would approach this Court and would seek a relief …
Limitation Act, 1963; Section 3-Even if the plea of limitation is not set up as a defence, the Court has to dismiss the suit if it is barred by limitation- V.M. Salgaocar and Bros. v. Board of Trustees of Port of Mormugao (2005) 4 SCC 613 and Narne Rama Murthy v. Ravula Somasundaram (2005) 6 …
S Shivraj Reddy (D) vs S Raghuraj Reddy 2024 INSC 427 – Limitation – Partnership Read More »
Limitation Act, 1963; Section 5- The application seeking condonation of delay filed at the behest of the stranger, who is not a party to the proceedings, is totally illegal- [Allowing appeal against the HC order upholding the order allowing the application seeking condonation of delay by the Trial Court, SC observed: Entertaining an application filed …
Limitation Act, 1963; Section 3, 5 –(i) Law of limitation is based upon public policy that there should be an end to litigation by forfeiting the right to remedy rather than the right itself; (ii) A right or the remedy that has not been exercised or availed of for a long time must come to …
Limitation Act, 1963; Section 5 – ‘Sufficient Cause’ – The term has to be construed liberally and in order to meet the ends of justice. The reason for giving the term a wide and comprehensive meaning is quite simple. It is to ensure that deserving and meritorious cases are not dismissed solely on the ground …
Limitation Act, 1963; Section 5 – The length of the delay is a relevant matter which the court must take into consideration while considering whether the delay should be condoned or not -the question of limitation is not merely a technical consideration – Once it is held that a party has lost his right to …
Limitation Act, 1963; Section 14 – The following conditions must be satisfied before Section 14 can be pressed into service: (1) Both the prior and subsequent proceedings are civil proceedings prosecuted by the same party; (2) The prior proceeding had been prosecuted with due diligence and in good faith; (3) The failure of the prior …
Purni Devi vs Babu Ram 2024 INSC 259 :: [2024] 4 S.C.R 37 – S 14 Limitation Act Read More »
Adverse Possession – When a party claims adverse possession, he must know who the actual owner of the property is – To prove the plea of adverse possession :- (a) The plaintiff must plead and prove that he was claiming possession adverse to the true owner; (b) The plaintiff must plead and establish that the …
M Radheshyamlal vs V Sandhya 2024 INSC 214 – Adverse Possession Read More »
Arbitration and Conciliation Act, 1996; Section 11(6) – Limitation Act, 1963 – Whether the Limitation Act, 1963 is applicable to an application for appointment of arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996? there is no doubt as to the applicability of the Limitation Act, 1963 to arbitration proceedings in general and …
Code of Criminal Procedure, 1973; Section 378 – Limitation Act, 1963; Sections 2,3,5 ,29– The benefit of Section 5 read with Sections 2 and 3 of the Limitation Act, 1963 can be availed in an appeal against acquittal – Under Section 378 of the new CrPC read with Section 29(2) of the Limitation Act, 1963 …