Limitation Act, 1963 with Section 5

Supreme Court Allows Appeal Against Ex-Parte Decree After Dismissal of Order IX Rule 13 Application: N. Mohan vs. R. Madhu (21 November 2019)

Supreme Court Allows Appeal Against Ex-Parte Decree After Dismissal of Order IX Rule 13 Application: N. Mohan vs. R. Madhu (2019) LEGAL ISSUE: Whether an appeal under Section 96(2) of the Code of Civil Procedure, 1908 (CPC) is maintainable after the dismissal of an application under Order IX Rule 13 of the CPC to set […]

Supreme Court Allows Appeal Against Ex-Parte Decree After Dismissal of Order IX Rule 13 Application: N. Mohan vs. R. Madhu (21 November 2019) Read Post »

Supreme Court clarifies the applicability of Section 5 of the Limitation Act to revisions under the Himachal Pradesh Value Added Tax Act, 2005

Supreme Court Clarifies Applicability of Limitation Act in Himachal Pradesh VAT Revisions LEGAL ISSUE: Whether the High Court can condone delays in filing revisions under Section 48 of the Himachal Pradesh Value Added Tax Act, 2005. CASE TYPE: Tax Law Case Name: Superintending Engineer/ Dehar Power House Circle Bhakra Beas Management Board (PW) Slapper &

Supreme Court clarifies the applicability of Section 5 of the Limitation Act to revisions under the Himachal Pradesh Value Added Tax Act, 2005 Read Post »

Supreme Court clarifies the application of Section 14 of the Limitation Act in Arbitration Cases: Oriental Insurance Co. Ltd. vs. M/s Tejparas Associates & Exports Pvt. Ltd. (2019)

Supreme Court clarifies the application of Section 14 of the Limitation Act in Arbitration Cases: Oriental Insurance Co. Ltd. vs. M/s Tejparas Associates & Exports Pvt. Ltd. (2019) LEGAL ISSUE: Whether the time spent in a court lacking jurisdiction can be excluded under Section 14 of the Limitation Act when re-presenting a petition in the

Supreme Court clarifies the application of Section 14 of the Limitation Act in Arbitration Cases: Oriental Insurance Co. Ltd. vs. M/s Tejparas Associates & Exports Pvt. Ltd. (2019) Read Post »

Supreme Court clarifies applicability of Limitation Act to Tamil Nadu Hindu Religious Endowment Board appeals: Ganesan vs. The Commissioner (2019) INSC 425 (03 May 2019)

Supreme Court Clarifies Applicability of Limitation Act to Religious Endowment Appeals LEGAL ISSUE: Whether the Commissioner of the Tamil Nadu Hindu Religious and Charitable Endowments Board can apply Section 5 of the Limitation Act, 1963 to condone delays in filing appeals under Section 69 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

Supreme Court clarifies applicability of Limitation Act to Tamil Nadu Hindu Religious Endowment Board appeals: Ganesan vs. The Commissioner (2019) INSC 425 (03 May 2019) Read Post »

Supreme Court Upholds Dismissal of Appeal Due to 1942-Day Delay: HUDA vs. Gopi Chand Atreja (2019)

Supreme Court Upholds Dismissal of Appeal Due to 1942-Day Delay: HUDA vs. Gopi Chand Atreja (2019) LEGAL ISSUE: Whether a delay of 1942 days in filing a second appeal can be condoned under Section 5 of the Limitation Act, 1963. CASE TYPE: Civil Case Name: Estate Officer, Haryana Urban Development Authority & Anr. vs. Gopi

Supreme Court Upholds Dismissal of Appeal Due to 1942-Day Delay: HUDA vs. Gopi Chand Atreja (2019) Read Post »

Supreme Court Upholds Dismissal of Delay Condonation in Property Dispute: Mohd. Sahid vs. Raziya Khanam (2018)

Supreme Court Upholds Dismissal of Delay Condonation in Property Dispute: Mohd. Sahid vs. Raziya Khanam (2018) Date of the Judgment: October 10, 2018 Citation: (2018) INSC 910 Judges: R. Banumathi, J., Indira Banerjee, J. Can a party who was aware of court proceedings claim ignorance to justify a delay in filing an appeal? The Supreme

Supreme Court Upholds Dismissal of Delay Condonation in Property Dispute: Mohd. Sahid vs. Raziya Khanam (2018) Read Post »

Supreme Court Upholds Limitation on Challenging Arbitration Award: AnilKumar vs. Pravinchandra (2018)

Supreme Court Upholds Limitation on Challenging Arbitration Award: AnilKumar vs. Pravinchandra (2018) LEGAL ISSUE: Limitation period for challenging an arbitral award. CASE TYPE: Arbitration Law Case Name: Anilkumar Jinabhai Patel (D) Thr. LRs. vs. Pravinchandra Jinabhai Patel and Ors. Judgment Date: 27 March 2018 Introduction Date of the Judgment: 27 March 2018 Citation: 2018 INSC

Supreme Court Upholds Limitation on Challenging Arbitration Award: AnilKumar vs. Pravinchandra (2018) Read Post »

Supreme Court Clarifies Limitation for Appeals under Companies Act: Bengal Chemists & Druggists Assn. vs. Kalyan Chowdhury (2018)

Supreme Court Clarifies Limitation for Appeals under Companies Act: Bengal Chemists & Druggists Assn. vs. Kalyan Chowdhury (2018) LEGAL ISSUE: Whether Section 5 of the Limitation Act, 1963 applies to appeals filed before the National Company Law Appellate Tribunal (NCLAT) under Section 421(3) of the Companies Act, 2013, after the expiry of the condonable delay

Supreme Court Clarifies Limitation for Appeals under Companies Act: Bengal Chemists & Druggists Assn. vs. Kalyan Chowdhury (2018) Read Post »

Supreme Court settles Limitation Act applicability on appeals under Section 30 of Recovery of Debts and Bankruptcy Act: International Asset Reconstruction Company vs. The Official Liquidator (24 October 2017)

Date of the Judgment: 24 October 2017 Citation: (2017) INSC 942 Judges: Ranjan Gogoi, J., Abhay Manohar Sapre, J., Navin Sinha, J. Can the delay in filing an appeal against a Recovery Officer’s order under the Recovery of Debts and Bankruptcy Act, 1993 be condoned by applying Section 5 of the Limitation Act, 1963? This

Supreme Court settles Limitation Act applicability on appeals under Section 30 of Recovery of Debts and Bankruptcy Act: International Asset Reconstruction Company vs. The Official Liquidator (24 October 2017) Read Post »

Supreme Court clarifies the applicability of Section 5 of the Limitation Act to VAT revisions: Patel Brothers vs. State of Assam (2017)

LEGAL ISSUE: Whether Section 5 of the Limitation Act, 1963, applies to revision petitions filed in the High Court under Section 81 of the Assam Value Added Tax Act, 2003. CASE TYPE: Tax Law Case Name: M/S Patel Brothers vs. State of Assam and Ors. Judgment Date: 04 January 2017 Date of the Judgment: 04

Supreme Court clarifies the applicability of Section 5 of the Limitation Act to VAT revisions: Patel Brothers vs. State of Assam (2017) Read Post »

Supreme Court settles Railway Employee Seniority Dispute in Non-Technical Clerical Category Selection (21st October 2008)

Date of the Judgment: 21st October 2008 Judges: K.G. Balakrishnan, P. Sathasivam, J.M. Panchal Can seniority be claimed retroactively by railway employees appointed years after the initial selection process due to alleged malpractices? The Supreme Court addressed this issue in a set of appeals concerning the selection of Non-Technical Popular Clerical Category employees in the

Supreme Court settles Railway Employee Seniority Dispute in Non-Technical Clerical Category Selection (21st October 2008) Read Post »

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