AI Overview...
- Limitation Act 1963 and Stopping Limitation upon Filing Appeal
- Filing of an appeal after the limitation period is permissible if the delay is condoned in the interest of justice, especially when the appellant is a minor or there are genuine reasons. For instance, in INDHP00000035487, the Court condoned the delay for a minor appellant aged 9 years, citing bonafide reasons and ends of justice Rahul minor aged 9 years s/o Sh. Suresh Kumar vs Surjeet Singh s/o Sh. Kamal Kishore - Himachal Pradesh.
- Courts have emphasized that once an appeal is filed within the extended or condoned period, the limitation is effectively halted, allowing the appellate process to proceed without prejudice. This principle is supported by judgments where delay was condoned, and the appeal was admitted or disposed of on merits Rahul minor aged 9 years s/o Sh. Suresh Kumar vs Surjeet Singh s/o Sh. Kamal Kishore - Himachal Pradesh, Shri Pedro Antonio D' Souza, alias Pedro Antonio Souza, Smt. Rita D'Souza, alias Rita Peter Souza vs M/s. Vijay Construction - Bombay.
- The principle that the filing of an appeal or suit within the prescribed limitation period stops the limitation clock is reinforced by cases where appeals or suits filed within the extended period are considered valid and the limitation period is deemed to be stopped or tolled upon filing, as seen in INDBOM00000109115 and others.
- Judicial Discretion to Condone Delay and Its Effect on Limitation
- Courts have broad discretion to condone delays in filing appeals, especially when justified by circumstances like minority, bonafide intent, or ends of justice. Once delay is condoned, the limitation period is considered to be effectively paused, supporting the maintenance of the appeal Rahul minor aged 9 years s/o Sh. Suresh Kumar vs Surjeet Singh s/o Sh. Kamal Kishore - Himachal Pradesh, Mr. Sagar Sharma vs Mr. Rohit Mehra - National Company Law Tribunal.
- Summary
- The key insight from the sources is that the filing of an appeal, when condoned or within an extended limitation period, effectively stops the limitation clock, safeguarding the appellant's right to be heard. This is consistent with the principle that justice should not be defeated due to technical delays, especially where the delay is justified or excused by the court Rahul minor aged 9 years s/o Sh. Suresh Kumar vs Surjeet Singh s/o Sh. Kamal Kishore - Himachal Pradesh, Shri Pedro Antonio D' Souza, alias Pedro Antonio Souza, Smt. Rita D'Souza, alias Rita Peter Souza vs M/s. Vijay Construction - Bombay, Mr. Sagar Sharma vs Mr. Rohit Mehra - National Company Law Tribunal.
Search Results for "Judgments Supporting that Appeal once Filed the Limitation is Stopped"
2016 Supreme(Online)(HP) 3484 • India - High Court of Himachal Pradesh
P. S. Rana, J
Limitation Act 1963 is allowed and delay in filing the appeal is condoned in the ends of justice keeping in view the fact that appellant is minor aged 9 years. Parties are left to bear their own costs. CMP(M) No.1557 of 2014 is disposed of. ... Submission of learned Advocate appearing on behalf of applicant that delay in filing the appeal is bonafide and not intentional is accepted for reasons hereinafter mentioned. In the present case appeal is filed by the minor namely Rahul aged 9 years. It is well s....
2025 0 Supreme(HP) 613 • India - IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Bipin Chander Negi, J
(Paras 12) ... ... (D) Limitation - The suit was filed within the prescribed limitation period, as the cause of ... (A) Himachal Pradesh Tenancy and Land Reforms Act, 1972 - Section 104(3) - Appeal against judgment of Appellate Court upholding ... (Paras 13) ... ... Result: Appeal dismissed. ... Moreover, the cause of action inter se the parties arose in the month of May 2011 and the suit was filed well within the period of limitation. i.e 2013.....
2021 Supreme(Online)(KER) 1129 • India - High Court of Kerala
T. R. Ravi, J
Issues: Whether the salary of a senior employee can be stepped up to match that of a junior based on prior judgments regarding ... The petitioner referenced a Supreme Court decision supporting the stance that seniors should not be paid less than juniors. ... Finding of the Court: The court determined that the application of specific salary rules and judgments did not warrant ... Surely, review jurisdiction is not an appeal in disguise. The review does not permit rehearing of the matter on merits." 5.....
2022 Supreme(Online)(Bom) 205 • India - High Court of Bombay
MANISH PITALE, J
... ... Result: Appeal dismissed. ... ... ... Issues: Whether the suit was filed within the limitation period as per Articles 1 or 19 of the Limitation Act, and the nature ... (A) Limitation Act, 1963 - Articles 1 and 19 - Suit for Recovery - The Respondent filed suit for recovery of loan amounts against ... The only question that arises for consideration in this Appeal is, as to whether the suit filed by the Respondent was within limit....
2012 0 Supreme(Kar) 483 • India - Karnataka
H.BILLAPPA
rejected writ petition - Divisions Bench declined to interfere - However, plaintiff not whispering anything about writ petition and appeal ... Judgment and decree dismissing suit was confirmed. ... Therefore, the impugned judgment and decree does not call for interference. There is no merit in this appeal and therefore, the appeal is liable to be dismissed. Points 1 and 2 answered accordingly. ... Accordingly, the appeal is dismissed. ... The 5th defendant has not stepped#H....
1995 0 Supreme(Pat) 397 • India - Patna
B.L.YADAV, NARAYAN ROY
and suit filed in 1978-principles pertaining to the statute of limitation are based primarily Oil a maxim VIGILATIBUS ET NON DORMIENTJRUS ... Limitation Act, 1963, Art. 55-Object and principle of limitation-suit for damages for breach of contract which was rescinded in 1973 ... LEX SUCC-URRIT (LAW assists those who are vigilent and not those who slup over their rights) - object of the statute or limitation ... In view of the premises aforesaid the First, Letters Patent Appeal (No.3 of ....
2022 0 Supreme(Del) 1746 • India - Delhi
SURESH KUMAR KAIT, SAURABH BANERJEE
Final Decision: The court dismissed the appeal and ordered the appellant to pay costs to the respondent nos. 1 to 5, within ... The appellant's claim was based on elusive pleadings and was filed beyond the statutory timeline provided under the Limitation Act ... of the Limitation Act, 1963. ... or cite any law regarding the two fundamental issues of pleadings and limitation for maintainability of the present appeal. ... It is again reiterated that learned counsel for appellant has nei....
2025 Supreme(Online)(NCLT) 2921 • India - National Company Law Tribunal
Justice Virendrasingh G. Bisht (Retd.), SH. Prabhat Kumar, JJ
limitation period, hence, claims improperly denied based on prior judgments without considering new evidence. ... (Paras 8.12.3, 9) ... ... (C) Limitation - The principle established that acknowledgment in books of account extends ... financial creditors - Claims of Union Bank, ACRE, and JMFARC ruled admissible; claim of Phoenix ARC declared time-barred based on the limitation ... The Order dated 30.09.2019 passed by Hon’ble Supreme Court directed the Hon’ble NCLAT to decide the Appeal on the issue of....
2025 Supreme(Online)(HP) 5874 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Bipin Chander Negi, J
... ... Result: The appeal is dismissed. ... multiple objections including limitation and maintainability - The trial court and the first appellate court upheld the plaintiff's ... encroached land, maintaining ownership based on revenue records and a demarcation report - Defendants claimed long possession and filed ... Aggrieved by this judgment and decree, the defendants preferred a first appeal challenging the findings of the courts below. ... The Appellant, by filing this appeal u....
2025 Supreme(Online)(HP) 8227 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
(A) Punjab Excise Act - Section 61(1)(a) - Appeal against acquittal - State challenged the trial court's acquittal of the accused ... (Paras 1, 6, 22, 25) ... ... (B) Appeal against acquittal - ... court must respect the double presumption of innocence afforded to an accused once acquitted and only override the acquittal if the judgment ... The present appeal has been filed against a judgment of acquittal. It was laid down by the Hon’ble Supreme Court in Surendra Singh v. ... Being ....
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