Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
In the realm of Indian law, powers allow courts or authorities to initiate actions independently to correct injustices or address overlooked issues. However, a common query arises: whether in re case applicable on and payment? This question probes whether such powers are boundless or constrained by time, particularly when influenced by acknowledgments of debt, payments, or new facts like fraud.
This blog post delves into judicial interpretations, emphasizing that while statutes may not prescribe fixed periods for actions, courts mandate exercise within a reasonable time. We'll explore key rulings, the role of acknowledgments, delay consequences, and insights from related cases. Note: This is general information based on precedents; consult a legal professional for specific advice.
(or suo motu) powers, often found in under various acts, enable authorities to review decisions without a formal application. Phrases like in provisions such as of relevant acts suggest no strict timeline. Yet, courts have clarified this does not imply indefinite authority.
As held in multiple judgments, the absence of a statutory does not permit arbitrary exercise. Instead, must be read contextually and reasonably, depending on facts and circumstances [
#SuoMotoLimitation #LegalLimitation #AcknowledgmentDebt
It is also the case of the Appellant that the Adjudicating Authority had erroneously interpreted the suo moto orders of the Hon’ble Supreme Court and wrongly applied paragraph 5.III of the suo moto orders while computing the limitation period in the instant case. ... It was submitted that paragraph 5.III of the suo moto orders is applicable only in those cases where the original limitation period....
Brainlink International, Inc. and Anr. 2021 SCC Online Del 5398 wherein the Hon’ble Delhi High Court has laid down that Suo Moto case of the Hon’ble Supreme Court would not be applicable in all cases and only in those cases where COVID-19 had an impact, the same would be applicable. ... He submits that the order passed by the Hon’ble Supreme Court in the Suo Moto proceedings was only to facilitate a litigant to overcome the aspect of limitation if he....
Counsel for the Respondent, however, states that in the present case, the decision in In Re: Suo Moto would not be applicable as neither the limitation has expired during the Covid period nor does the order of the Supreme Court apply in respect of invocation of Arbitration under Section 21 of the Act ... However, the contention of the Respondent also deserves to be kept open inasmuch as if the date when limitation expired, did not fall within the Covid pandemic period, whethe....
Counsel for the Respondent, however, states that in the present case, the decision in In Re: Suo Moto would not be applicable as neither the limitation has expired during the Covid period nor does the order of the open inasmuch as if the date when limitation expired, did not fall within the Covid pandemic period, whether the decision in Re: Suo Moto would apply, payment which shows that the last #HL_START....
herein case the suo moto revisional powers have been exercised after a period of one year, which was beyond the period of limitation and, therefore, the said order is per se illegal. ... the suo moto revisional powers. ... The question then remains that when police regualtion is silent about the period of limitation for exercising suo moto revisional powers and when the provisions of MPCCA Rules of 1966 are not applicable#....
moto), or otherwise. ... Hence, the petition is still hit by limitation. ... not be applicable to a contempt petition filed under It is true that by letter dated 6.8.2012, the respondents-contemnors did acknowledge
suo moto in the court at the instance of the contractor ... claiming under such party of it so directed by the Court an objection petition that the execution proceedings were not maintainable and provisions of the Act were applicable
Since it is a suo moto revision and not based on any application of any aggrieved person, the above proviso to Section 153 of the Act is not applicable to the case of the appellant. 11. ... However, in the case on hand, the suo moto revision has been initiated after lapse of ninety days. ... The short point arising in the case on hand is whether the suo moto revision initiated by the Joint Regist....
It appears that the time period prescribed for filing appeal is 30 days from the order which is also applicable in the case of suo-moto revision. 16. ... Medhi, learned Standing Counsel, Central Government Counsel for the respondents submits that under the relevant rules, though there is a time period for filing revision petition, however, the same is not applicable in the case of suo-moto revision. ... Having regard to the decision in ....
Further, in terms of the order dated 10th January 2022, passed by the Hon'ble Supreme Court in Suo Moto Writ Petition (C) No: 3 of 2020, the limitation period of 90 days after 28.02.2022 also expired on 29th May 2022. ... Reliance was also placed on the order dated 10.01.2022 of this Court in Suo Moto Writ Petition (C) No. 3 of 2020 in In Re : Cognizance for Extension of Limitation (read with earlier orders dated 23.03.2020, 08.03.2021 and 27.04.2021). ... particular creditor is unequi....
In view of the reasons stated in the application, and the order dated 23rd September, 2021 passed by the Supreme Court in Suo Moto Writ Petition (C) No. 3 of 2020 titled In Re: Cognizance for Extension of Limitation, the said delay is condoned. 2. The present application has been filed by the Appellant seeking condonation of delay of 100 days in filing the present appeal.
8. Reliance has been placed on the judgment of the Supreme Court in the case of New India Assurance Company Limited Vs. Hilli Multipurpose Cold Storage Private Limited reported in (2020) 5 SCC 757. Therefore, it is prayed that this petition may be allowed and relief be granted to the petitioner. It is again submitted that the order in Suo-moto Writ Petition regarding extension of limitation is applicable in this case.
In the bail application filed on the very next date, the applicant had raised the issue of applicability of order in suo moto Writ Petition No.3 of 2020 to the period contemplated in Section 167 of Cr.P.C. It is pertinent to note that the impugned order dated 11/5/2020 was passed in the absence of the applicant without informing her the grounds of extension. It is thus well settled that the extension of limitation vide order in Suo Moto WP (Civil) No.3 of 2020 has no application to period contemplated in section 167 Cr.P.C.
This Court is entitled to suo moto take notice of limitation in view of Section 3 of the Limitation Act. The suit filed by Sh. Mohit Mahajan was therefore clearly barred by limitation in view of Articles 58 and 59 of the Limitation Act and once there can be no valid challenge to the documentation of December, 2004 executed by late Sh. All that is stated by the appellants/defendants is that documentation in favour of the respondent/plaintiff were got done illegally and under the influence of liquor. Sudershan Kumar Mahajan in favour of the respondent/plaintiff, then the suit....
On a query to the learned senior counsel for the appellants/plaintiffs for elaboration of the cause of action in paras 12 and 27 of the plaint which have been reproduced above, learned senior counsel for the appellants/plaintiffs concedes that denial of title of the appellants/plaintiffs in the rent control proceedings took place approximately in the year 1987 when the written statement was filed by the respondent/defendant denying the title of the appellants/plaintiffs in the suit property. This query was posed to the learned senior counsel for the appellants/plaintiffs in view of....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
