AI Overview...
- Limitation Period for Filing Suits and Applications
- The general limitation period prescribed under the Limitation Act, 1963, is typically three years for recovery suits, as per Articles 113 and 58 of the Schedule DELHI TECHNOLOGICAL UNIVERSITY Vs CHANDER PRABHA - Delhi, DELHI TECHNOLOGICAL UNIVERSITY Vs MR CHANDER SHEKHAR - Delhi, KANJIBHAI BHAGWANJIBHAI PATEL vs NANDUBEN SHAMJIBHAI SORATHIYA THROUGH POA DHARMESH P TRIVEDI - Gujarat.
- Some specific cases, such as forgery complaints or challenges to sale deeds, are barred if filed after approximately 12 years, indicating the importance of timely filing KANJIBHAI BHAGWANJIBHAI PATEL vs NANDUBEN SHAMJIBHAI SORATHIYA THROUGH POA DHARMESH P TRIVEDI - Gujarat.
- The period of limitation begins from the date of accrual of the cause of action, but can be extended through acknowledgments in writing or other statutory provisions MR. VIRENDER BAGAI SUSPENDED DIRECTOR OF M/s SAMAR ESTATES PVT. LTD VS PUNJAB & SIND BANK AND ANR - National Company Law Appellate Tribunal, KANJIBHAI BHAGWANJIBHAI PATEL vs NANDUBEN SHAMJIBHAI SORATHIYA THROUGH POA DHARMESH P TRIVEDI - Gujarat.
- An acknowledgment of liability in writing can extend the limitation period; for example, an acknowledgment dated 19.07.2018 extended the limitation period for a debt case MR. VIRENDER BAGAI SUSPENDED DIRECTOR OF M/s SAMAR ESTATES PVT. LTD VS PUNJAB & SIND BANK AND ANR - National Company Law Appellate Tribunal.
- Filing reminders or RTI applications does not necessarily extend limitation; only acknowledgments or specific legal provisions do DELHI TECHNOLOGICAL UNIVERSITY Vs CHANDER PRABHA - Delhi.
- The Limitation Act, 1963, mandates that suits filed after the limitation period are liable to be dismissed even if limitation is not explicitly pleaded LEGAL HEIRS OF NAVALKANT GOVINDLAL PATEL V/s DIVYAKANT GOVINDLAL - Gujarat.
- The COVID-19 pandemic led to extensions of limitation periods by courts, but such extensions are subject to specific orders; for instance, the Supreme Court's order did not apply to all cases automatically PREM PRAKASH TRIPATHI Vs State - Allahabad, UNION OF INDIA THROUGH SECRETARY MINISTRY OF AYUSH vs HEMANT KUMAR AND ORS - Delhi.
- In certain cases, delay beyond the limitation period results in proceedings being quashed, such as in criminal cases where cognizance is taken after the limitation expires BIJU @ UNNI vs STATE OF KERALA - Kerala.
-
The applicability of limitation periods can vary based on the nature of the authority or subject matter, e.g., Kerala Water Authority cases are governed by a 3-year period under Article 113, not the 30-year period under Article 112 *SYNDICATE BANK - SUBSTITUED AS CANARA BANK AS PER THE ORDER DTD 5.4.24 IN IA 1/2024 IN THE WPC vs KERALA WATER AUTHORITY - Kerala.
-
Analysis and Conclusion
- The Limitation Act, 1963, establishes clear timeframes for different types of suits and applications, primarily three years for recovery suits, with exceptions for acknowledgments and specific statutory provisions.
- Proper drafting and timely action are crucial to ensure that claims are within the limitation period; attempts to extend limitation through informal means like reminders are generally ineffective.
- Recent judicial developments during the COVID-19 pandemic have temporarily extended limitation periods, but these are subject to specific court orders.
- Failure to adhere to limitation periods results in dismissal or quashing of proceedings, underscoring the importance of timely filing and awareness of applicable statutes LEGAL HEIRS OF NAVALKANT GOVINDLAL PATEL V/s DIVYAKANT GOVINDLAL - Gujarat, BIJU @ UNNI vs STATE OF KERALA - Kerala.
References: - KANJIBHAI BHAGWANJIBHAI PATEL vs NANDUBEN SHAMJIBHAI SORATHIYA THROUGH POA DHARMESH P TRIVEDI - Gujarat - MR. VIRENDER BAGAI SUSPENDED DIRECTOR OF M/s SAMAR ESTATES PVT. LTD VS PUNJAB & SIND BANK AND ANR - National Company Law Appellate Tribunal - DELHI TECHNOLOGICAL UNIVERSITY Vs CHANDER PRABHA - Delhi - DELHI TECHNOLOGICAL UNIVERSITY Vs MR CHANDER SHEKHAR - Delhi - LEGAL HEIRS OF NAVALKANT GOVINDLAL PATEL V/s DIVYAKANT GOVINDLAL - Gujarat - PREM PRAKASH TRIPATHI Vs State - Allahabad - UNION OF INDIA THROUGH SECRETARY MINISTRY OF AYUSH vs HEMANT KUMAR AND ORS - Delhi - *SYNDICATE BANK - SUBSTITUED AS CANARA BANK AS PER THE ORDER DTD 5.4.24 IN IA 1/2024 IN THE WPC vs KERALA WATER AUTHORITY - Kerala - BIJU @ UNNI vs STATE OF KERALA - Kerala
Search Results for "Limitation Period for Lr"
• India - Gujarat High Court
M.R. SHAH, J
The complaint regarding forgery filed in 2004 did not reset the limitation period. ... The learned trial court improperly assessed the averments in the plaints regarding limitation. ... after approximately 12 years challenging a power of attorney and sale deeds are barred by limitation. ... , from that day, the suit is within the period of limitation. ... It appears that by claver drafting the plaintiffs have tried to bring the suit within the period of limi....
2024 Supreme(Online)(NCLAT) 172 • India - National Company Law Appellate Tribunal
Justice Ashok Bhushan (Chairperson) , Hon'ble Mr. Barun Mitra (Member (Technical)) ,
period - The acknowledgment in writing dated 19.07.2018 was deemed sufficient for limitation extension. ... The Adjudicating Authority found that the acknowledgment of liability extended the limitation period. ... the limitation period, and disputes regarding the quantum of debt do not impede the admission of the application. ... As per Section 18 of the Limitation Act of 1963, the limitation period would commence w.e.f. 19.07.2018.....
2024 Supreme(Online)(DEL) 11212 • India - High Court of Delhi
MR. JUSTICE DHARMESH SHARMA, J
(Paras 1, 10, 26) ... ... (B) Limitation - The period of limitation for a recovery ... suit is three years - The mere issuance of reminders or RTI applications does not extend the limitation period. ... submitted in 2013 and the suit was filed in 2020, with no acknowledgment of debt within the limitation period. ... 15 Article 113: - Any suit for which no period of limitation is provided elsewhere in this Schedule. Pe....
2024 Supreme(Online)(DEL) 11213 • India - High Court of Delhi
MR. JUSTICE DHARMESH SHARMA, J
period. ... (Paras 1, 10, 26) ... ... (B) Limitation - The period of limitation for recovery ... of application under Order VII Rule 11(d) - Suit for recovery of Rs. 11,48,324/- filed after limitation period - Court found that ... 15 Article 113: - Any suit for which no period of limitation is provided elsewhere in this Schedule. Period of Limitation = Three years. Time from which period beg....
2024 Supreme(Online)(GUJ) 25472 • India - High Court of Gujarat
SANDEEP N. BHATT, J
Limitation Act, 1963 prescribes a time-limit for the institution of all suits, appeals and applications. Section 2(j) defines the expression “period of limitation” to mean the period of limitation prescribed in the Schedule for suits, appeals or applications. ... Section 3 prescribes that every suit instituted after the prescribed period, shall be dismissed even though limitation may not have been set up as a defence. Articles 59, 110 and 58 of the Limitati....
2023 Supreme(Online)(ALL) 186 • India - Allahabad High Court
,
period and that the order of the Apex Court extending the limitation period due to the COVID-19 lockdown did not apply as the limitation ... period and the order of the Apex Court extending the limitation period due to the COVID-19 lockdown did not apply. ... Fact of the Case: The applicant filed a review application beyond the limitation period, seeking to review an order passed ... The order of the Apex Court noticed above is to ....
2023 Supreme(Online)(DEL) 10696 • India - Delhi High Court
to be within the limitation period. ... period under Section 14 of the Limitation Act. ... LIMITATION - SECTION 14 - EXCLUSION OF TIME - FILING OF SUIT IN WRONG COURT - DILIGENCE - COMMENCEMENT OF LIMITATION PERIOD - ... and it does not extend the period of limitation. ... , making the suit filed within the limitation period. ... There is no quarrel that the limitation #HL_STAR....
• India - Delhi High Court
limitation period due to the COVID-19 pandemic.] ... the limitation period due to the COVID-19 pandemic. ... Finding of the Court: The Court held that the appeal was not barred by limitation as the period from 15th March, 2020 ... In computing the period of limitation for any period shall apply.” 2022:DHC:88 5. ... Thus, the period of limitation#HL_END....
2024 Supreme(Online)(KER) 5278 • India - High Court of Kerala
GOPINATH P, J
were barred by the 3-year limitation period. ... Limitation - Kerala Water Authority - Act Sections 3, 36 - The court held that the 30-year limitation period under Article 112 ... of the Limitation Act does not apply to the Kerala Water Authority, and the 3-year limitation period under Article 113 applies instead ... If Article 112 of the Schedule to the Limitation Act does not apply to the Kerala Water Authority, then the #HL_START....
2017 Supreme(Online)(KER) 34525 • India - High Court of Kerala
K.ABRAHAM MATHEW, J
Limitation - Criminal Procedure - CrPC Section 468 - Court quashed proceedings due to delay in cognizance beyond limitation period ... Issues: Whether cognizance taken after the expiration of the limitation period renders the proceedings invalid. ... period. ... The proceedings are sought to be quashed on the ground that cognizance was taken after the expiry of the period of limitation prescribed by Section 468 Cr.P.C. ... Since it was taken after t....
Filter by Legal Phrase
