12 August 2024

Search Results for Tag : Limitation Period

International Cases

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(21.05.2021)

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 Cat.....

Tags : Midnight deadline, Limitation period

Notifications & Circulars

No limitation period for reporting of the offences under the POCSO Act, 2012.(16.10.2018)

The Ministry of Women and Child Development had recently consulted Ministry of Law in view of the overriding provisions of the Protection of Children .....

Tags : Limitation period, Report, POCSO Act

Judgments

Limitation period will not be extended in SARFAESI & DRT Proceedings on part payment under IBC(05.03.2020)

The Appeal preferred by a Shareholder and Director of the Corporate Debtor challenging the order passed by the Adjudicating Authority (National Compan.....

Tags : Limitation period, Extension, Validity

Period of limitation for filing objections has to be reckoned from date on which signed copy of award was made available to parties(02.03.2021)

The present Civil Appeal arises from a Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 by the Appellant to challenge the.....

Tags : Objections, Filing of, Limitation period

For claiming rebate of duty under Rule 18 of the Central Excise Rules, the period of limitation prescribed under Section 11B of the Central Excise Act, shall have to be applied(29.11.2022)

The original writ Petitioner/Appellant has preferred the present appeal feeling aggrieved with the impugned judgment passed by the High Court, whereby.....

Tags : Rebate claim, Limitation period, Applicability

Limitation period for execution of decree commences only when the decree becomes enforceable(24.04.2023)

By way of present appeal, the judgment passed by the High Court is assailed on the ground that the execution application was filed after 12 years from.....

Tags : Limitation period, Commencement, Decree

News

Rajasthan High Court Extends Limitation Period/ Interim Orders During Lockdown Period(17.05.2021)

Rajasthan High Court has issued a circular stating that all Courts in the State shall continue to function completely through virtual mode. All inter.....

Tags : Rajasthan High Court, Extension of Limitation Period/Interim Orders

Supreme Court to Recall Suo Motu Extension of Limitation Period With Effect From October 1(23.09.2021)

Supreme Court had said that it will recall the suo motu order of April 27, 2021, which had extended with effect from March 14, 2021 the limitation per.....

Tags : Supreme Court, Suo Motu Extension of Limitation Period

SC: Order Extending Limitation Period During Covid Apply to Period up to Which Delay Can be Condoned(05.10.2023)

Supreme Court has held that orders passed by the Supreme Court in 'In Re: Cognizance for Extension of Limitation', extending the period of limitation .....

Tags : Supreme Court, Limitation Period, Delay, Condone

Ker. HC: Legal Advice After Expiry of Limitation Period Not a Ground to Condone Delay(05.10.2023)

Kerala High Court has held that subsequent legal advice cannot be accepted as a cause to condone the delay in instituting proceedings in terms of Sect.....

Tags : Kerala High Court, Limitation Period, Condone Delay

Calcutta HC: SC Order Extending Limitation Period to Apply to 30 Days for Filing Written Statement(04.01.2021)

Calcutta High Court has observed that the order of the Supreme Court dated 23rd March, 2020 extending limitation period would apply only to the first .....

Tags : Calcutta High Court, Extension of Limitation Period

Limitation for extended period invokable, only if, suppression, fraud, collusion etc and intent to evade payment of duty is proved(06.05.2024)

The Appellant filed bill of entry for import of 120 KN Composite Long Rod Insulators for 765 KV Transmission lines and 160 KV Composite Long Rod Insul.....

Tags : Limitation period, SCN, Legality

CRIMINAL - There is No Limitation Period to Seek Declaration of Marriage As 'Null And Void': SC(07.03.2019)

Supreme Court has observed that no period of limitation is prescribed so far as presentation of petition for declaration to declare a marriage being n.....

Tags : Supreme Court, Declaration of Marriage as 'Null And Void', Limitation Period

FAMILY - There is No Limitation Period to Seek Declaration of Marriage as 'Null And Void': SC(07.03.2019)

Supreme Court has observed that no period of limitation is prescribed so far as presentation of petition for declaration to declare a marriage being n.....

Tags : Supreme Court, Declaration of Marriage as 'Null And Void', Limitation Period

Supreme Court Agrees To Revive Limitation Extension Orders In View Of Rising COVID Cases(10.01.2022)

Supreme Court has agreed to revive the suo motu orders extending the limitation period for filing cases in Courts and Tribunals in view of the rising .....

Tags : Supreme Court , Limitation Period, COVID

Delhi High Court: Limitation Period Applies to Application Filed Under Section 8 A&C Act(25.02.2020)

Delhi High Court has held that the provision for filing written statements under Section 8 of the Arbitration and Conciliation Act, 1996 (A&C Act) is .....

Tags : Delhi High Court, Limitation Period

SC: Amend Arbitration Act For Prescribing Limitation Period For Applications u/s 11 of the Act(04.03.2024)

Supreme Court has held that Parliament should take into consideration the amendment of the Arbitration and Conciliation Act, 1996 as there is no statu.....

Tags : Supreme Court, Section 11 of A&C Act, Limitation Period

Kerala HC: State Can’t Deny Responsibility in Guise of Limitation Period(03.03.2023)

Kerala High Court while observing that when a citizen is engaged by Government to carry out activities, it had duty to reward person as per the contra.....

Tags : Kerala High Court, Limitation Period, Compensation

SC: Limitation Period for Filing 'Section 11' Application Governed by Article 137 Limitation Act(10.03.2021)

Supreme Court has stated that the period of limitation for filing an application under Section 11 of the Arbitration and Conciliation Act, 1996 would .....

Tags : Supreme Court, Limitation Period for Filing 'Section 11' Application

Supreme Court Extends Limitation Period to File Cases Under All Laws Across Country(27.04.2021)

Supreme Court has relaxed the limitation period to file cases under all general and special laws across the country from 14th March, 2021 until furthe.....

Tags : Supreme Court, Extension of Limitation Period

Del HC: Party Can’t Restrict Limitation Period Contrary to Limitation Act, for Invoking Arbitration(24.03.2023)

Delhi High Court has held that party cannot be permitted to restrict the period of limitation for invoking arbitration, in contravention to the limita.....

Tags : Delhi High Court, Limitation Period, Arbitration

All. HC: Extension of Limitation Under A&C Act Can’t be Sought if Party Aware of Contents of Award(27.05.2024)

Allahabad High Court has held that if a party seeking extension of limitation by application of Section 31(5) of the Arbitration and Conciliation Act,.....

Tags : Allahabad High Court, S. 31(5) of A&C Act, Limitation Period

SC: HC Cannot Disregard Statutory Limitation Period to Entertain Writ Petition(08.05.2020)

Supreme Court has observed that a High Court cannot disregard the statutory limitation period to entertain Writ Petition assailing orders passed by st.....

Tags : Supreme Court, Statutory Limitation Period

ITAT, Kolkata: Limitation for Revisionary Jurisdiction Runs from Assessment Date Order(06.04.2022)

Income Tax Appellate Tribunal, Kolkata has observed that the limitation period for exercising revisionary jurisdiction runs from the date of assessmen.....

Tags : Income Tax Appellate Tribunal, Kolkata, limitation period, revisionary jurisdiction, assessment order, Section 263 of Income Tax Act, 1961

Delhi HC: Time Spent in Mediation Would be Excluded from Limitation for Invoking Arbitration(13.04.2022)

Delhi High Court has ruled that when the agreement between the parties provides for compulsory mediation, the time spent in the mediation process shal.....

Tags : Delhi High Court, agreement, mediation, limitation period

SC: Limitation Period for Filing Appeal to NCLAT Doesn’t Include Date of Order/Pronouncement/Time(10.05.2023)

Supreme Court has held that the date of pronouncement of order and time taken by tribunal to provide certified copy of order must be excluded while co.....

Tags : Supreme Court, Limitation Period, NCLAT

Del. HC: Time from Petition u/s 34 of A&C Act to 2015 Amendment Act Excluded from Limitation Period(10.07.2024)

Delhi High Court has held that, for enforcement of an arbitral award, time period beginning from the filing of petition under Section 34 of the Arbitr.....

Tags : Delhi High Court, Limitation Period, Arbitral Award

SC: Parties Challenging Arbitral Award after Limitation Period Can’t Seek Benefit u/s 4 of Limitation(11.07.2024)

Supreme Court has restated that a party challenging an arbitral award beyond the limitation period of three months by using 30 day extension period gi.....

Tags : Supreme Court, Limitation Period, Arbitral Award

All. HC: No Power to HC for Extension of Limitation Period in Filing Election Petition(03.10.2024)

Allahabad High Court has observed that under the Representation of the People Act, 1951 Courts do not have the power to extend the period of limitatio.....

Tags : Allahabad High Court, Election Petition, Limitation Period

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