AI Overview...
- Objection of Limitation Cannot Be Raised First Time before Appeal in High Court
- Main Points and Insights:
- Generally, objections related to limitation must be raised at the earliest stage of proceedings; raising such objections for the first time in appeal is typically barred.
- Several cases (e.g., Thambu Devi Ram VS Additional Director Consolidation Of Holdings, Hissar - Punjab and Haryana, Municipal Corporation Of Delhi VS Harcharan Dass Gupta - Delhi, MADAN MOHAN AGRAWAL VS SURESH AGRAWAL - Madhya Pradesh) confirm that courts do not entertain limitation objections raised for the first time during appeals or in subsequent proceedings.
- In ANSAL PROPERTIES AND INDUSTRIES LTD. VS HIMACHAL PRADESH STATE ELECTRICITY BOARD - Himachal Pradesh, the court held that oral objections raised for the first time in court, especially regarding limitation, cannot be considered.
- Similarly, in STATE OF GUAJRAT THROUGH EXECUTIVE ENGINEER VS SPUN PIPE AND CONSTRUCTION CO. (BARODA) PVT. LTD. - Gujarat, the court noted that respondents cannot raise limitation objections later if they were not previously objected to or rejected.
- The principle is reinforced by case law such as State of Punjab (Thambu Devi Ram VS Additional Director Consolidation Of Holdings, Hissar - Punjab and Haryana) and AIR 1996 Kar 41 (ANSAL PROPERTIES & INDUSTRIES LTD. VS HIMACHAL PRADESH STATE ELECTRICITY BOARD - Himachal Pradesh), emphasizing the need for timely objection.
- Analysis and Conclusion:
- The consensus across multiple judgments is that limitation objections are to be raised promptly and cannot be introduced for the first time at the appellate stage before the High Court.
- Raising such objections belatedly is generally regarded as an abuse of process and is usually disallowed, ensuring the finality and procedural integrity of earlier stages of litigation.
- Therefore, the objection of limitation cannot be validly raised for the first time before the High Court during appeal proceedings, aligning with established legal principles and case law.
Search Results for "Objection of Limitation Cannot be Raised First Time before Appeal in High Court"
1970 0 Supreme(SC) 48 • India - Supreme Court
A.N.GROVER, J.C.SHAH, K.S.HEGDE
letter – First demand cannot on account of the second request be wiped out. – No objection was raised at the time when Dutta was ... was the contention raised before the Higli court or this court in appeal from the order of the High court confirming the appointment ... . – Appeal Allowed ... No objection was raised at the time#HL_END....
1950 0 Supreme(SC) 32 • India - Supreme Court
R.S.NAIK, M.C.MAHAJAN, SIDDIQUI KHALEELUZZAMAN
The High Court on the principle of res judicata dismissed both the appeals. There was appeal to the Supreme Court. ... Procedure Code (1908) S.11. - Section II-Res Judicata-One suit-Two appeals Dismissal of one as time-barred-Limitation ... to a different appeal. ... At the hearing of the appeals, a preliminary objection was raised by the defendants that as the other ap....
2003 2 Supreme 326 • India - Supreme Court
DORAISWAMY RAJU, SHIVARAJ V.PATIL
Act, 1963-(The later) Limitation of 12 years to run from death of mother-Suit not barred by time-Order of High Court set aside, ... order of Trial Court and 1st appellate court restored-Appeal allowed-AIR 1949 East Punjab 109 (FB) applied. ... It was the Limitation Act, 1963 that is applicable as held by the trial court as well as the first appellate ... The defendants raised objection#H....
1967 0 Supreme(P&H) 107 • India - Punjab and Haryana
S.B.CAPOOR, R.S.NARULA
State of Punjab ILR (1967) 2 Punj and Haryana 89, which held that a party cannot raise an objection about limitation before the High ... Finding of the Court: The court held that the appellants could not raise the issue of limitation for the first time ... The court held that the appellants could not raise the issue of limitation for the #HL_....
1997 0 Supreme(HP) 240 • India - Himachal Pradesh
KAMLESH SHARMA, R.L.KHURANA
An oral objection raised for the first time in court cannot be taken cognizance of, especially when the period of limitation has ... Whether an oral objection raised for the first time in court could be taken cognizance of, especially when the period of limitation ... The court also held that an oral objection raised....
1997 0 Supreme(HP) 237 • India - Himachal Pradesh
KAMALESH SHARMA, R.L.KHURANA
Whether an oral objection raised for the first time in the court be taken cognizance of and especially when the period of limitation ... An objection to the award cannot be taken if such an objection was not taken in the application, under Section 33 of the Act within ... Final Decision: The appeal was partly allowed. ... Ananthanarayana Setty and others (AIR 1996 Kar 41), has held that when a new plea c....
2012 0 Supreme(Del) 1966 • India - Delhi
S.MURALIDHAR
Finding of the Court: The court held that the MCD's objection to the claims being barred by limitation, not raised ... plea of limitation raised for the first time in the present petition. ... The MCD raised the plea of limitation for the first time in the present petition under Section 34 of the Act. ... So far as the present case is concerned, MCD not having....
1996 0 Supreme(MP) 1023 • India - Madhya Pradesh
USHA SHUKLA, D.M.DHARMADHIKARI
The court also held that the appellant could not raise the objection of apparent illegality for the first time in appeal, as he had ... No, the appellant could not raise the objection of apparent illegality for the first time in appeal, as he had not filed an objection ... Whether the appellant could raise the objection of apparent illegality f....
2007 0 Supreme(Guj) 619 • India - Gujarat
K.A.PUJ
and it was neither objected nor expressly rejected the respondents cannot raised objection with regard limitation to the filing ... respondents cannot raise such objection subsequently. ... At that point of time, the respondent has not raised any objection nor the Court has refused to grant such leave. ... Sukhwani are concerned, the first decision is in respect of filing of the ....
2000 0 Supreme(Bom) 361 • India - Bombay
R.K.BATTA, R.M.S.KHANDEPARKAR
The preliminary objection was raised regarding whether the appeals should be heard by the Single Judge or the Division Bench. ... The court analyzed the relevant provisions of the Arbitration Act, the Bombay High Court Appellate Side Rules, and the Goa, Daman ... The appeals were filed under section 39(1)(vi) of the Arbitration Act, 1940, challenging the rejection of objections to set aside ... Learned Advocate, General, therefore, contends that the ....
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