Limitation Act 1963

3rd Jun, 2021

Limitation Act 1963 and not Customs Act 1962 will determine the period of limitation for a suit for malicious prosecution.

In the matter of Directorate of Revenue Intelligence & Ors. Vs. Pushpa L. Tolani decided by the Hon’ble Delhi High Court on 27.05.2021 Facts of the case- The custom authorities seized gold/diamond jewellery worth approx. […]
17th Mar, 2020

SARFAESI & DRT proceedings will not extend Limitation period under Insolvency and Bankruptcy Code

The National Company Law Appellate Tribunal in the matter of Bimalkumar Manubhai Savalia vs. Bank of India [Company Appeal(AT) (Insolvency) No. 1166 of 2019] decided on 10.02.2020 held that the limitation period in view of […]
15th Dec, 2019

Time spend in SARFAESI proceeding can be excluded for computing limitation for proceedings under Insolvency and Bankruptcy Code 2016

Time spent in proceedings pursued under SARFESI, is entitled to be excluded in later proceedings filed under Section 7 of Insolvency and Bankruptcy Code, in terms of Section 14(2) of Limitation Act, 1963. The only […]
13th Sep, 2019

A wrongful act which causes an injury which is complete is not a continuing wrong for the purpose of Section 23 of the Limitation Act even though the damage resulting from the act may continue

The Supreme Court reiterated that S.23 refers not to a continuing right but to a continuing wrong which maybe defined as a continuing source of injury which renders the doer of the act responsible and […]
23rd Aug, 2019

Outer limitation for suit for possession based on title is not lost merely because relief of declaration is also sought.

The Supreme Court has held that merely because relief of declaration is also sought in a suit for possession, the outer limitation of 12 years is not The above reasoning was pronounced by the Constitutional […]
9th Aug, 2019

Outer limitation for suit for possession based on title is not lost merely because relief of declaration is also sought.

The Supreme Court has held that merely because relief of declaration is also sought in a suit for possession, the outer limitation of 12 years is not The above reasoning was pronounced by the Constitutional […]
6th May, 2019

Limitation Act applicable to suits, appeals, application filed in courts, not before statutory authorities

The Supreme Court has observed that the suits, appeals and applications referred to in the Limitation Act, 1963 are suits, appeals and applications which are to be filed in a Court and not before a […]
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 […]