Section 3 of the Limitation Act provides that “Subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence.” Section 5 reads as follows: “Any appeal or any application, other …
“Sufficient Cause” In Section 5 Limitation Act – Meaning & Scope Read More »
“In the absence of provisions for exclusion of such period in respect of an application under Section 9, IBC, despite the combined reading of Section 238A, IBC and the provisions under the Limitation Act what is legally available to such a party is to assign the same as a sufficient cause for condoning the delay …
N. Balakrishnan vs. M. Krishnamurthy [(1998) 7 SCC 123] : The object of fixing time limit for initiation of legal proceedings is not meant to destroy the rights of any party but to fix a life span for legal remedies in public interest and that the expression “sufficient cause” should be construed liberally. Collector Land Acquisition, …
S 5 Limitation Act – Liberal Approach In Condonation Of Delay Read More »
In Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy [2013(12) SCC 649], the Supreme Court laid down the following principles and guidelines: Principles i)There should be a liberal, pragmatic, justice-oriented, non- pedantic approach while dealing with an application for condonation of delay, for the courts are not supposed to legalise injustice but are obliged …
S 5 Limitation Act – Principles/ Guidelines For Condonation Of Delay Read More »