26 September 2022


Search Results for Tag : limitation

Judgments

Article 134 of Limitation Act, 1963 applicable “when sale becomes absolute” and not when sale was confirmed(11.01.2017)

Instant appeal arises out of order passed by High Court of Kerala allowing revision and thereby dismissing application filed by Appellant under Order .....

Tags : Sale, Possession, Delivery, Limitation

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Bank is Liable to Pay Compensation, if the Original Title Deed had been Lost(20.02.2017)

Instant first appeal has been filed against the impugned order passed by Kerala State Consumer Disputes Redressal Commission vide which, Consumer Comp.....

Tags : Compensation, Entitlement, Limitation

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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

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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

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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

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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

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Statute of limitation extinguishes recourse to the remedy and not the debt(16.11.2021)

The Petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 ('A&C Act') challenging the Arbitral Awar.....

Tags : Debt, Limitation, Extension

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Knowledge of a specific person against whom a suit can be instituted is required under “first learns”(28.08.2015)

The Supreme Court held that Standard Chartered Bank's claim borne from a purchase of bonds worth nearly Rs. 50 crores for which it only received a pho.....

Tags : Bond, limitation, first learns, knowledge

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News

CESTAT, Delhi: Extended Period of Limitation Cannot be Invoked by Excise Department(21.03.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT) Delhi has held that the extended period of limitation cannot be invoked by the excise depa.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Extended Period of Limitation

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Supreme Court: Art 113 of Limitation Act Cannot Be Invoked If Case is Governed by Specific Entry(18.09.2017)

Supreme Court has held that period of limitation under residuary Article 113 cannot be invoked if there is any other specific entry governing the case.....

Tags : Supreme Court, limitation

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Kerala HC: Law of Limitation Only Bars Judicial Remedy and Not Substantive Right(30.06.2021)

Kerala High Court has decided in a pension recovery matter that the Law of Limitation only bars judicial remedy, and that the substantive right itself.....

Tags : Kerala High Court, Law of Limitation

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Apex Court: Outer Limitation for Possession Suit Based on Title Will Not Get Lost(04.07.2019)

Apex Court has noted that merely because relief of declaration is also sought in a suit for possession the outer limitation of twelve years is also no.....

Tags : Apex Court, Outer Limitation

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Delhi High Court: Statute Of Limitation Puts The Sword Of Damocles To Rest(03.10.2017)

Delhi High Court while refusing to hear an Appeal filed after a delay of 504 days noted that the application for condonation of delay did not disclose.....

Tags : Delhi High Court, Limitation

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Assessee cannot argue lack of jurisdiction after pursuing adjudication on merits(12.08.2015)

In a case where the Assessee after receiving a favourable interim order from the High Court chose to pursue adjudication on merits before the High Cou.....

Tags : customs, limitation, section 28

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Madras HC: Limitation for Presenting Documents Not for Order or Decree by Court(01.07.2021)

Madras High Court has held that the limitation prescribed under Section 23 of the Registration Act, 1908, for presenting documents will not stand attr.....

Tags : Madras High Court, Limitation for Presenting Documents

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NCLAT: Article 1 of Limitation Act,1963 not Apply to Proceedings Under IB Code, 2016(26.05.2022)

National Company Law Appellate Tribunal (NCLAT) Principal Bench has held that the Article 1 of Limitation Act, 1963 is not applicable to the Petition .....

Tags : National Company Law Appellate Tribunal, Insolvency and Bankruptcy Code, Limitation

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Gujarat HC: Limitation Act Inapplicable to Contempt Proceedings(01.06.2022)

Gujarat High Court while refusing to condone a delay of 1 year in a Contempt Proceeding has held that the provisions of the Limitation Act, 1963 do no.....

Tags : Gujarat High Court, Limitation, Contempt Proceeding

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Supreme Court: Article 137 Limitation Act Applies to Applications under Section 7 of the IBC(25.09.2019)

Supreme Court has ruled that Article 62 of the Limitation Act, 1963 would only apply to suits and not to an application which is filed under Section 7.....

Tags : Supreme Court, Limitation

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Rajasthan High Court Sets Period of Limitation for Preferring Appeal from Decision of Family Court(14.11.2019)

Rajasthan High Court has ruled while harmonizing the provisions contained under Section 19 of the Family Courts Act, 1984 and Section 28 of the Hindu .....

Tags : Rajasthan High Court, Limitation

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Delhi HC : SCN Quashed Where it Was Possible for Authority to Adjudicate Within Period of Limitation(10.01.2020)

Delhi High Court has held that the Show Cause Notice (SCN) is to be quashed where it was possible on behalf of the adjudicating authority to adjudicat.....

Tags : Delhi HC, Limitation

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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

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NCLAT: Limitation Period Applicable to Application Filed by Financial Creditor(16.03.2020)

National Company Law Appellate Tribunal has reversed the order of the National Company Law Tribunal, Ahemdabad holding that the order of admission of .....

Tags : National Company Law Appellate Tribunal, Limitation on Application by Financial Creditor

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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

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J&K&L HC: Parties Cannot Approach Court Under Section 482 CrPC With Inordinate Delay(06.07.2022)

Jammu and Kashmir and Ladakh High Court has held that a party cannot approach the High Court under Section 482 of the Code of Criminal Procedure (CrPC.....

Tags : Jammu and Kashmir and Ladakh High Court, Limitation, Inordinate Delay

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International Cases

Court of Appeal (England and Wales) dismisses claim against VISA as time barred(05.08.2015)

In a case involving claims of unlawful restriction of competition, the Court of Appeal dismissed an appeal against summary judgment. It upheld the fin.....

Tags : Competition, limitation, england and wales, visa

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SC: Period of Limitation to Commence from When Signed Copies Available to Parties(03.03.2021)

Supreme Court has held that the period of limitation for filing the Petition under Section 34 of the Arbitration and Conciliation Act, 1996 would comm.....

Tags : Supreme Court, Period of Limitation

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SC:Sec 14 of Limitation Act Applicable if Sec 34 Petition under Arbitration Act Filed was Within Time(04.10.2019)

Supreme Court has ruled Section 14 of Limitation Act, 1963 would be applicable to the proceedings under Section 34 of Arbitration and Conciliation Act.....

Tags : SC, Limitation

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Failure of suit to comply with CPC at time of commencement does not lead to an automatic rejection of the plaint(24.08.2015)

The court cannot dismiss a suit or reject a plaint for the Plaintiff's failure to provide an affidavit in support of the pleadings at the time of comm.....

Tags : Commence, plaint, affidavit, limitation

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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

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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

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Notifications & Circulars

Clarification regarding extension of limitation under GST law in terms of Hon'ble Supreme Court's Order dated 27.04.2021(20.07.2021)

The Government has issued notifications under Section 168A of the CGST Act, 2017, wherein the time limit for completion of various actions, by any aut.....

Tags : Extension, Limitation, GST law

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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

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Clarification regarding the limitation time for filing of appeals before the CIT (Appeals) under the Income-Tax Act, 1961(25.05.2021)

1. The Central Board of Direct Taxes has issued Circular No. 8 of 2021 on 30th April 2021 providing various relaxations till 31st May 2021 including e.....

Tags : Clarification, Limitation time

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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

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NCLAT, Delhi: Arrears of Salary Accumulated for More Than Three Years Are Not Eligible for CIRP(13.05.2022)

National Company Law Appellate Tribunal, New Delhi has ruled that arrears of salary due beyond a period of three years would be barred by limitation f.....

Tags : National Company Law Appellate Tribunal, three years, Corporate Insolvency Resolution Process, limitation

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Rajasthan HC: SC Order Extending Limitation Not to Extend Period u/s 167 (2) Cr.P.C.(27.05.2020)

Rajasthan HC has rejected the contention that till the lockdown continues, the period prescribed in Section 167(2) of Code of Criminal Procedure, 1973.....

Tags : Rajasthan High Court, Extention of Limitation

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P&H HC: Party Expected to Approach Court Within Reasonable Time in Absence of Prescribed Limitation(30.03.2022)

Punjab and Haryana High Court has held that in the absence of any given limitation, it should be a reasonable time within which the aggrieved party ha.....

Tags : Punjab and Haryana High Court, Limitation to Approach Court

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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

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SC Extends Period of Limitation for Filing in All Courts/Tribunals(24.03.2020)

Supreme Court has directed the suspension of the limitation period running under all general and special laws, with effect from 15th March, 2020, in v.....

Tags : Supreme Court, Period of Limitation for Filing

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NCLAT, Delhi: Order of Mediation Along with Dishonoured Cheques Not Extension of Limitation(14.02.2022)

National Company Law Appellate Tribunal, Delhi has held that an order of mediation along with dishonoured cheques does not imply an extension of limi.....

Tags : National Company Law Appellate Tribunal, Extension of Limitation

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No Straightjacket Formula for Determining Limitation for Filing Administration Suit: Bombay HC(21.05.2018)

Bombay High Court held that there is no straightjacket formula for determining the period of limitation for filing an administration suit.

Tags : Supreme Court, Limitation

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Bombay HC: No Formula to Determine Period of Limitation for Filing Administration Suit(07.05.2018)

Bombay High Court while allowing a man to claim rights as a beneficiary to an estate under a will over three years after a parent's death has held tha.....

Tags : Bombay High Court, administration suit, limitation

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SC: Limitation Period for Decree by Foreign Court, Period Prescribed in Reciprocating Foreign Country(18.03.2020)

Supreme Court has held that the limitation period for executing a decree passed by a foreign Court from the reciprocating country in India will be the.....

Tags : Supreme Court, Limitation for Decree by Foreign Court

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MP HC: Section 5 of Limitation Act Applies to Arbitration Reference Under National Highways Act(04.07.2022)

MP High Court has held that Section 5 of Limitation Act is applicable to reference to arbitration under National Highways Act, therefore limitation pe.....

Tags : Madhya Pradesh High Court, Limitation, Competent Authority

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Allahabad HC Closes Suo Moto PIL for Extension of Limitation & Interim Orders During Lockdown(07.01.2021)

Allahabad High Court has closed the suo moto Public Interest Litigation registered by it for extension of limitation and interim orders expiring durin.....

Tags : Allahabad High Court, Extension of Limitation and Interim Orders

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NCLT Extends Limitation Period in Pursuance of Supreme Court Orders(25.03.2020)

National Company Law Tribunal (NCLT) has issued a notice intimating all the litigants that the extension of limitation period granted by the Supreme C.....

Tags : National Company Law Tribunal, Extension of Limitation

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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

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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

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NCLAT: OTS Proposal is an Acknowledgement of Debt Under Section 18 of Limitation Act(22.07.2022)

National Company Law Appellate Tribunal (NCLAT), New Delhi Bench has held that a One Time Settlement (OTS) proposal falls within the definition of 'ac.....

Tags : NCLAT, Limitation, One Time Settlement

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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

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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

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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

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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

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SC: Provisions of Limitation Act Has No Application When Statute Extinguishes The Right Itself(01.08.2022)

Supreme Court has held that the provisions of Limitation Act will not have any application when a Statute extinguishes the right itself.

Tags : Supreme Court, Limitation, Application

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CESTAT, Ahmedabad: Extended Period of Limitation Not Invoked When No Suppression(16.03.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Ahmedabad has ruled that the extended period of limitation was not invoked as there was n.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Extended Period of Limitation

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AOs to not issue penalty notices under Sections 271D,E of IT Act(26.04.2016)

The Central Board of Direct Taxes set forth a “Departmental View” to assuage conflicting notions on the limitation for imposition of penalty under Sec.....

Tags : income tax, penalty notice, limitation

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Orissa HC: Amendment to Cure Inherent Defect in EP After End of Limitation Period Can't be Allowed(05.09.2022)

Orissa High Court has held that an amendment application under Order 6, Rule 17 of the Code of Civil Procedure, 1908 cannot be allowed to cure some in.....

Tags : Orissa High Court, Election Period, Amendment, Limitation

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Kerala HC: Limitation Period for Filing Motor Accidents Claim Applicable Only Prospectively(06.07.2022)

Kerala High Court has held that the limitation period for filing motor accident claims as per Section 166(3), which was introduced by Motor Vehicles (.....

Tags : Kerala High Court, Motor Vehicles, Limitation, Prospective

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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

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Madras HC: Limitation is an Aspect of Public Policy for the Purpose Section 34 of Arbitration Act(12.08.2022)

Madras High Court has held that limitation is a facet of public policy, and hence, an arbitral award which is incorrect qua limitation is hit by Secti.....

Tags : Madras High Court, Limitation, Public Policy, Arbitration

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No Provision in Limitation Act to Compute Limitation for Counsel’s Carelessness: Sikkim HC(29.06.2018)

Sikkim High Court has observed that no provision has been made in the Limitation Act for computing limitation for the carelessness of the counsel.

Tags : Sikkim High Court, Limitation

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Delhi HC: Sufficiency of Stamp Duty on Agreement Cannot be Adjudicated u/s 11 of A&C Act(14.04.2022)

Delhi High Court has observed that the Court can’t adjudicate on the issue whether the claims made by the petitioner are barred by limitation while de.....

Tags : Delhi High Court, Section 11 of the Arbitration and Conciliation Act, 1996, arbitration, limitation

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SC Issues Notice in Plea Challenging Delimitation Exercise in Nagaland(31.07.2020)

Supreme Court has issued notice in a plea challenging the order issued by Union of India under section 10A of the Delimitation Act, 2002 whereby the d.....

Tags : Supreme Court, Delimitation Exercise in Nagaland

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Supreme Court: Issue of Limitation not to be Examined while Considering Application under Section 11(28.11.2019)

Supreme Court has noted that while considering an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an.....

Tags : Supreme Court, Limitation

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Madras HC: Reference to Transfer Pricing Officer After 21 Months Barred by Limitation(15.06.2022)

Madras High Court has held that a reference to the Transfer Pricing Officer under Section 92CA of the Income (IT) Tax Act, 1961 cannot be made after e.....

Tags : Madras High Court, Transfer Pricing Officer, Limitation

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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

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Chhattisgarh High Court: Section 14 of Limitation Act, 1963 has no Application in Criminal Proceeding(30.11.2020)

Chhattisgarh High Court has observed that the Section 14 of the Limitation Act, 1963 has no application in criminal proceedings. The Court noted that.....

Tags : Chhattisgarh High Court, Limitation

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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

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Delhi HC: Period of Limitation Run from the Day the Amount is Reflected as Outstanding in the Ledger(03.06.2022)

Delhi High Court has held that acknowledgment of an amount as due and payable under the ledger constitutes a fresh cause of action and extends the per.....

Tags : Delhi High Court, Limitation

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Kerala High Court:Arbitration Appeals are Bound by Rules of Limitation(04.07.2017)

Kerala High Court has ruled that even in absence of express provisions, arbitration appeals are bound by rules of limitation.

Tags : Kerala High Court, Rules of Limitation

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SC Issues Notice on Challenge to Presidential Order to Resume Delimitation of Assam's Assembly(28.05.2020)

Supreme Court has issued notice on a plea challenging the promulgation of the Presidential Order through which the process of delimitation of the Asse.....

Tags : Supreme Court, Delimitation of Assam’s Assembly

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CESTAT: Extended Period of Limitation Can be Invoked Only on Willful Suppression to Evade ST(27.06.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Allahabad Bench has held that an extended period of limitation can be invoked only on wil.....

Tags : CESTAT, Extended Period of Limitation, Service Tax

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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

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Mere fact of pending internal appeal, by itself, not sufficient to justify finding of fact that it was not "reasonably practicable" to present complaint to tribunal(16.11.2016)

In instant case, claims lodged with tribunal were a claim of unfair dismissal, unlawful deduction of wages, breach of contract and sex discrimination......

Tags : Dismissal, Limitation, Jurisdiction

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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

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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

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Delhi HC: Court can Take Cognizance of Offence Even After Expiry of Limitation if Delay is Explained(05.12.2019)

Delhi High Court has reiterated the position of law that Magistrate can take cognizance of an offence even after the expiry of a limitation period. Th.....

Tags : Delhi HC, Limitation

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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

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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

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Karnataka HC Issues Circular Directing Officers to Follow Supreme Court's Limitation Extension Order(20.01.2022)

Karnataka High Court has issued a circular directing Officers and Officials working on the judicial side at Principal Bench, Bengaluru, Benches at Dha.....

Tags : Karnataka High Court, Limitation Extension Order

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Madras HC: Law of Limitation Substantive in Nature, Parties to Follow Prescribed Periods(04.04.2022)

Madras High Court has held that the Law of Limitation is substantive and that the litigations and appeals are to be filed within the period of limitat.....

Tags : Madras High Court, Law of Limitation, substantive

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