Limitation Act 1963

3rd Apr, 2018

Applications which causally explain the cause of delay, without explaining each day’s delay is liable to be dismissed.

Each day’s delay has to be properly explained either for filing or for refiling. Where delay is attempted to be explained casually and no effort has been made to explain each day’s delay, application are […]
12th Feb, 2018

Where payment is made on account of interest or debt before the expiry of prescribed period of limitation, a fresh period of limitation shall be computed from time to time when the payment was so made.

The Hon’ble Delhi High Court in the matter Rajinder Valecha & Anr Vs. Satpal & ANR (RFA 590/2016) on 02.02.2018 by discussing Section 18 and Section 19 of the Limitation Act, 1963 held that acknowledgment […]
1st Feb, 2018

In a suit under Order XXXVII, the period of Limitation under Article 35 of Limitation Act commences from the date of dishonour of cheque and not from the date of cheque

In a recent judgement, the Delhi High Court held that for the purpose of Article 35 of the Limitation Act, 1963 the cause of action arises not on the date mentioned in the cheque but […]
12th May, 2016

It is not the form in which deed is clothed, but the nature of transaction, which is decisive #indianlaws

A document, as is well known, must be read in its entirety. When character of a document is in question, although the heading thereof would not be conclusive, it plays a significant role. Intention of […]
19th Apr, 2016

Transaction in minor’s name contravening Guardianship Act, 1956 and also without any legal necessity is voidable #indianlaws

Section 7 of the Limitation Act makes it clear that when one of several persons who are jointly entitled to institute a suit or make an application for the execution of the decree and a […]
6th Sep, 2015

Apex Court interprets the term ‘First Learns’ under Limitation Act#indianlaws

The Hon’ble Supreme Court has interpreted the meaning of the term “first learns” as provided under Article 91(a) of the Limitation Act, 1963 and held that the provision of Article 91 (a) of the Limitation […]
20th Apr, 2015

Section 9A CPC as introduced by Maharashtra Amendment Act will prevail over Section 9 CPC

Section 9A provides a self-contained scheme with a non-obstante clause which mandates the court to follow the provision and at the same time is a complete departure from the provisions contained in Order XIV Rule […]
7th Jun, 2014

The courts should not adopt an injustice-oriented approach in rejecting the application for condonation of delay #indianaws

The Court observed that rules of Limitation are not meant to destroy the rights of the parties rather the idea is that every legal remedy must be kept alive for a legislatively fixed period of […]