AI Overview...
-
Continuous Cause of Action - The Limitation Act, 1963, recognizes that in cases of ongoing breaches or torts, each moment of the breach or infringement can constitute a fresh cause of action, thereby preventing the limitation period from expiring as long as the breach continues. This means that the limitation clock resets with each act of infringement or breach, allowing for successive claims T. V. Venugopal VS Ushodaya Enterprises Ltd. - Supreme Court, Bengal Waterproof LTD. VS Bombay Waterproof Manufacturing Company - Supreme Court, Intel Corporation VS Harpreet Singh - Delhi, Supreme Industries Limited VS Ankit Goel Trading As Goel Trading Company - Delhi, Timken Company VS Timken Services Private - Delhi.
-
Breach of Contract and Limitation - In cases of continuous breach of contract, such as ongoing infringement or non-performance, the cause of action is deemed continuous. Courts have held that each act of breach sustains the cause of action, and thus, the limitation period is effectively ongoing until the breach ceases. This principle is supported by statutory provisions and judicial interpretations, emphasizing that delay in initiating action does not bar claims if the breach persists Bengal Waterproof LTD. VS Bombay Waterproof Manufacturing Company - Supreme Court, Intel Corporation VS Harpreet Singh - Delhi.
-
Trade Mark Infringement - The courts have clarified that each act of infringement, such as unauthorized sale or use of a trademark, constitutes a separate cause of action. Since infringement is often continuous, the limitation period can be renewed with each act, allowing plaintiffs to file multiple suits or continue proceedings without being barred by time limitations. The concept of continuing infringement is central to this understanding Sun Pharma Laboratories Ltd. VS Hetero Healthcare Ltd - Delhi, Intel Corporation VS Harpreet Singh - Delhi, Supreme Industries Limited VS Ankit Goel Trading As Goel Trading Company - Delhi, Timken Company VS Timken Services Private - Delhi.
-
Continuing Offence Doctrine - In criminal and property law contexts, wrongful acts such as dishonest adoption of a mark or wrongful possession are considered continuing offences. The law permits prosecution or claims to be initiated at any time during the continuance of such acts, as the cause of action persists until the wrongful act ceases or is rectified Timken Company VS Timken Services Private - Delhi, MAFATLAL INDUSTRIES LTD THRO ANKIT GIRISHKUMAR PATEL V/s NARANBHAI DAHYABHAI RAVAL LEGAL HEIRS OF DECD. DAHYABHAI SOMABHAI RAVAL - Gujarat.
-
Judicial and Statutory Support - The courts have consistently upheld that in cases of ongoing breaches or torts, the limitation period does not bar the remedy, as each act sustains a fresh cause of action. Section 22 of the Limitation Act, 1963, explicitly provides for this principle, emphasizing that the limitation period runs from the date the breach or infringement ceases, not from the initial act T. V. Venugopal VS Ushodaya Enterprises Ltd. - Supreme Court, Bengal Waterproof LTD. VS Bombay Waterproof Manufacturing Company - Supreme Court, Mafatlal Industries Ltd Thro Ankit Girishkumar Patel VS Naranbhai Dahyabhai Raval Legal Heirs Of Decd. Dahyabhai Somabhai Raval - Gujarat.
Analysis and Conclusion:
Section 22 of the Limitation Act, 1963, establishes that in cases of continuous breaches or torts, the limitation period is not fixed at the time of the initial act but resets with each subsequent act of infringement or breach. This doctrine ensures that plaintiffs are not barred from seeking relief due to delay if the wrongful act persists. In breach of contract cases involving ongoing violations, each act sustains a separate cause of action, allowing for the claim to be maintained as long as the breach continues. Judicial decisions reinforce that the concept of a continuous cause of action is vital in such contexts, preventing the limitation period from prematurely extinguishing rights.
Search Results for "Section 22 Continuous Cause of Action under Limitation Act 1963 in Breach of Contract"
2011 2 Supreme 394 • India - Supreme Court
DALVEER BHANDARI, K.S.P.RADHAKRISHNAN
begins to run every moment of the time during which the breach continues – Hence the action cannot be defeated on ground of delay ... , 1999 – Section 29 – Limitation – Passing-off being a continuing tort, fresh period of limitation ... (a) Trade Marks Act, 1999 – Section 29 – Confusion/ passing off/ dilution – Confusion ... In this connection it is profitable to have a....
2022 0 Supreme(Del) 159 • India - Delhi
PRATHIBA M.SINGH
Bombay Waterproof Manufacturing Company (1997) 1 SCC 99, Section 135(1) of the Trademarks Act, 1999 - The court discussed the maintainability ... The Plaintiff argued that every sale by the Defendants constituted a fresh cause of action, justifying the present suit. ... The court emphasized that a fresh cause of action does not justify filing a new suit when the matter is part-heard befo....
2018 0 Supreme(Del) 468 • India - Delhi
JAYANT NATH
INTEL - Trademark Infringement - Trade Marks Act, 1999, Section 29(4), Section 29(5) - The court discussed the plaintiff's claim ... Issues: The issues involved the bar of limitation and the disclosure of cause of action in the plaintiff's suit for trademark ... The court analyzed the provisions of the Trade Marks Act, 1999, specifically Section 29(4)....
1997 6 Supreme 139 • India - Supreme Court
A.S.ANAND, S.B.MAJMUDAR
22 of the Limitation Act, 1963. ... It lays down that in the case of a continuing breach of contract or in the case of a continuing tort, a fresh period of limitation ... The cause of action for filling this present second suit is the continuous and recurring infringement of plaintiff s trade mark by ... In this con....
2024 0 Supreme(Del) 854 • India - Delhi
MINI PUSHKARNA
(Paras 20, 24, 36) (B) Cause of Action - Continuous infringement - The court emphasized that each act of trademark ... of action due to continuous infringement by the respondent. ... (A) Commercial Courts Act, 2015 - Section 13 - Code of Civil Procedure, 1908 - Order XLI Rules 1 and 2 - ... In this connection it is profitable to have a look at #HL_STAR....
2013 0 Supreme(Del) 662 • India - Delhi
J.R.MIDHA
Since the adoption of the mark itself is dishonest and fraudulent, mere delay in bringing action for infringement of trade mark cannot ... Section 22 of the Limitation Act, 1963 lays down that, ‘in the case of a continuing breach of contract or in the case of a continuing ... Section 22 of the Limitation#HL....
2024 0 Supreme(Guj) 2053 • India - Gujarat
M. K. THAKKER
1, 12, 13, 14) ... ... (B) Criminal Procedure Code, 1973 - Section ... It appears that there was a continuous cause of action and therefore, no limitaiton would apply in filing the complaint before the ... —In the case of a continuing breach of contract or in the case of a continuing tort, a fresh period of limitation ... At this stage Sect....
2024 Supreme(Online)(GUJ) 24463 • India - High Court of Gujarat
M. K. THAKKER, J
(A) Code of Criminal Procedure, 1973 - Section 378(4) - Companies Act, 1956 - Section 630 - Appeal against acquittal - Respondent-accused ... to past employees and their heirs - Original employee's wrongful possession continued after death, justifying prosecution under Section ... Legal principles - Wrongful withholding of property is a continuing offence; heirs of deceased employees can be prosecuted under Secti....
• India - High Court of Punjab and Haryana
the cases where there is a continuing breach of contract and in case of a continuous tort. ... 22 of the Limitation Act, 1963. ... Thus, it will not be appropriate to invoke the concept of continuous cause of action with respect to the suits
2025 Supreme(Online)(BOM) 1519 • India - High Court of Bombay
G.S.KULKARNI, SOMASEKHAR SUNDARESAN
(A) Land Acquisition Act, 1894 - Section 4 and 6 - Compensation for acquisition of land - Petitioner voluntarily surrendered land ... of action, which is not barred by delay or laches. ... the right to property cannot be extinguished without lawful process and that the demand for compensation constitutes a continuing cause ... Section 22 of the Limitation Act#....
Filter by Legal Phrase
