Limitation Act 1963

21st Dec, 2018

Section 14 of the Limitation Act is applicable to a proceeding under Section 34 of the Arbitration and Conciliation Act, 1996 subject to the mandatory time limit of thirty days

The Apex court reiterated that benefit of Section 5 of the Limitation Act is not applicable to a proceeding under Section 34 of the Arbitration and Conciliation Act, 1996 and the time period of thirty […]
8th Dec, 2018

An ex-parte judgment cannot be set aside by simply blaming the previous counsel.

The Hon’ble High Court of Delhi rejected the contention of the Appellant challenging the dismissal of his application under Order IX Rule 13 by the Trial Court. The Delhi Court held that the litigant owes […]
21st Nov, 2018

The issue of limitation should be left to be adjudicated afresh, after the respondents have entered appearance in the suit.

The High Court of Delhi observed that the suit can not be rejected in limine on the ground of limitation alone. The defendants must be given a chance to put up their grounds and defences […]
1st Nov, 2018

The date of last appellate court judgement and not the date of trial court judgement is to be considered for the purposes of calculating limitation for filing execution petition

The Supreme Court held that an appellate court judgement merges with the trial court judgement and therefore, an execution filed within 12 years from the date of appellate court judgement is within limitation. The said […]
27th Oct, 2018

The starting point of limitation under Article 59 of the Limitation Act is the knowledge of the alleged fraud.

The Delhi High Court while determining the limitation in a suit for cancellation distinguished between the documents which are void and voidable. It was held that no limitation was prescribed in case of cancellation of […]
17th Sep, 2018

A suit filed on the basis of an open, mutual and current account, limitation commences at the end of the financial year for which the transactions are entered into

The Delhi High Court held that when a suit is based on current, open, mutual account, the period of limitation as per Article I of the Limitation Act commences at the end of the financial […]
14th Sep, 2018

Article 18 of the schedule of the Limitation Act, prescribing the limitation of three years from the date when the work is done, would come into play when no specific date for payment is fixed.

In a recent judgment, the Hon’ble High Court of Delhi observed that in the case when no specific date for payment is fixed, the cause of action accrues on the date when the work is […]
13th Sep, 2018

A suit filed on the basis of an open, mutual and current account, limitation commences at the end of the financial year for which the transactions are entered into

The Delhi High Court held that when a suit is based on current, open, mutual account, the period of limitation as per Article I of the Limitation Act commences at the end of the financial […]
6th Sep, 2018

A person can’t acquire Adverse Possession by simply remaining in permissive possession, for howsoever long it may be

The Supreme Court exposited that one who holds possession on behalf of another i.e. permissive possession, does not by mere denial of the other’s title, make his possession adverse so as to give himself the […]
5th Sep, 2018

There has to be an assertion of ownership title in the person who claims adverse possession to the knowledge of the true owner and the world at large.

In a recent judgment, the Hon’ble High Court of Delhi observed and held that it is the manifest duty of the person claiming adverse possession to prove that there was an assertion of hostile ownership […]
21st Aug, 2018

Limitation for the buyer to seek recovery of earnest money would begin from the date when forfeiture has been pleaded by the seller

The Delhi High Court has held that limitation of the appellant/ buyer to claim the amounts under the Agreements to Sell, and which are paid to the respondent/ seller, would only commence if the respondent/seller […]
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 […]