Limitation Act 1963

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 […]
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 […]