CiteTEXT
...proceedings within the period of limitation prescribed under the general law of limitation or under any special laws (both Central and/or State) due to the outbreak of the Covid-19 Pandemic....2. On 23-3-2020, this Court directed (2020) 19 SCC 10 extension of the period of limitation in all...23-3-2020 (2020) 19 SCC 10 was brought to an end, permitting the relaxation of period of limitation...
...stretch the limitation period beyond the requisite period given under Section 34 of the Arbitration Act.9.2. Placing reliance on....9.4. That the trial court rejected the contention that the respondent (objector) was unable to file the objections within the period of limitation on the ground of illness and no medical certificate...:15.1. Limitation period provided under Section 34(3) of the Arbitration Act begins “only” upon the receipt of the award by the parties and the same cannot be diluted by a different...
...Section 27 of Customs Act. The question of law that arises for determination in this appeal is Can period of limitation for...preferring refund claims, specified in the amending notification no.
CUSAA 3/2014 Page 1 93/2008-Cus be made applicable with retrospective effect, in absence of a limitation period in...limitation in operation on the date of commencement of action is applicable to the cause, a new law of limitation can neither revive a dead remedy by providing for a longer limitation period, nor...
...appeal has been filed on 13/05/2019. That under Section 74(1) of 2013 Act, the limitation period prescribed for -: 5 :- preferring an appeal to the High Court is sixty (60) days from the date of the...suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence. (2) For the purposes of this Act,(a) a...special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of section 3 shall apply as if such period...
...period for appeals to be thirty days, extendable by fifteen days, to hold that the appeal filed under Section 61(1) was barred by limitation. It noted that the statutory time-limit of thirty days had...case under the Companies Act, had held that the limitation period would run only from the date on which a copy of the order is made available to the aggrieved party. Even a delay in applying for a...from the date of order to it becoming available.6.8. Section 61 IBC prescribing a limitation period is subservient to the principle of lex non cogit ad impossibilia which...
...complainant was not a consumer within the meaning of the Consumer Protection Act, 1986 (for short “the Act, 1986”); (ii) that the complaint was clearly time-barred and beyond the period of limitation...Commission also did not interfere with the concurrent orders of the consumer fora.11. Section 24-A of the Act, 1986 prescribes limitation period for admission of a complaint by the...consumer fora thus:“24-A. Limitation period.—(1) The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed...
...(2003) 183 CTR 47 (Cal) that once limitation period of four years provided under Sections 147/149(1)(a) of the Income Tax Act, 1961 (for short “the Act”) expires then...
...to entertain it.(2) In computing the period of limitation for any application, the time during which the applicant has been prosecuting with due diligence...limitation different from the period prescribed by the Schedule, the provision of Section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of determining...any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in Sections 4 to 24 (inclusive) shall apply only insofar as, and to the...
...that for the purpose of computing the period of limitation, the relevant date is the date of filing of the complaint or initiating criminal proceedings and not the date of taking cognizance by a...apparent conflict on the question whether for the purpose of computing the period of limitation under Section 468 of the Code of Criminal Procedure, 1973 (for short “CrPC”) in respect of a criminal...been referred to us. But, in our opinion, the following questions arise for our consideration:3.1 (i) Whether for the purposes of computing the period of limitation under...
...S.N Variava, J.— Leave granted.2. The question raised in this appeal is whether the period of limitation for making deposit in an application to set...same having regard to the intention of the legislature. It was held that the judgment-debtor should be given the benefit of the enlarged period of limitation under Article 127 of the Limitation Act...case of P.K Unni v. Nirmala Industries (1990) 2 SCC 378 held that the limitation period for making deposit in an application for setting...
...to Article 136 of he Schedule to the Limitation Act, 1963, limitation period for filing the execution petition is...twelve years. However, execution petition was filed after expiry of the limitation period of twelve years. Consequently, execution petition is clearly barred by limitation.Stand of...respondent no. 1-DH that it had right to recover the amount within thirty years as the amount was advanced against mortgage deed, is patently misconceived and devoid of merit because limitation period for...
...computing the limitation period. It was due to the respondents delay in responding to the representations sent by the appellant that delay arose in filing the Arbitration Applications. Hence the...Arbitration Applications filed by the appellant. However, it remains to be examined separately whether the aforesaid Applications have been filed within the statutory limitation period. 7...9 limitation period for reference of a dispute to arbitration or for seeking appointment of an arbitrator before a Court under the 1940 Act (See...
...date of detection of mistake, would dilute the mandate of the two year limitation period provided by Section 56(2), since a mistake may be detected at any point of time. Furthermore, the words...recoverable as arrears of charges would be rendered completely otiose and nugatory. 4.3 The period of limitation under Section 56(2) cannot be extended by raising a supplementary bill. The sum due raised in...electricity, if the consumer neglects to pay the electricity dues. This statutory right is subject to the period of limitation of two years provided by sub-section (2) of Section 56...
...applied Article 62 of the Limitation Act which reads as follows:“Description of suit
Period of limitation
Time from which period begins to run....”Applying the aforesaid Article, the NCLT reached the conclusion that since the limitation period was 12 years from the date on which the money suit has become due, the aforesaid...claim was filed within limitation and hence admitted the Section 7 application. The Nclat vide the impugned judgment 2019 SCC...
...-3-2003 ought to be excluded by applying Section 14 of the Limitation Act. According to him, Section 14 of the Limitation Act would apply to exclude this period from the period of 90 days allowed in...Department argued that Section 128 of the Customs Act excluded the application of Section 14 of the Limitation Act in that the scheme of the section is that only a limited period should be given to an...bona fide in court without jurisdiction.—(1) In computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceeding...
...be.”(emphasis supplied)The section imposes a limitation period of six months within which the authorities...concerned must commence action against an importer/assessee in case of duties not levied, short-levied or erroneously refunded. It allows the said limitation period to be read as five years only in some...default? Construing mere non-payment as any of the three categories contemplated by the proviso would leave no situation for which a limitation period of six months may apply. In our opinion, the main...
...filing of appeals under
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Section 37 of the Arbitration Act, a grace period of 30 days under Section 5 of the Limitation...fast application of
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a 120-day limitation period when it comes to applications that have been filed under any of...clothed with the power to extend time without there being any outer limit. He also stated that vide section 29(2) of the Limitation Act, the period of limitation for filing applications under the...
...on the facts and submissions explained herein above and now exhibition is postponed to be held in December 22, the limitation period u/s 34 of CGST Act, 2017 will expire in September 23 and accordingly...refund of GST to participants whether will not hit by limitation period u/s 34 of CGST Act, 2017 with respect to the year when advance was received because no supply is made and tax invoice is not...
...) [(2009) 5 SCC 121], the Apex Court made the following observations relating to condonation of delay: 1. Section 24A of the Act, 1986 prescribes the limitation ...by the Consumer Fora thus: 4A. Limitation period. (1) The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date...been filed within limitation period prescribed thereunder. 12. As a matter of law, the Consumer Forum must deal with the complainant on merits only if the complaint has been filed within two years from...
.... The Appellate Tribunal has assigned another reason that mortgage security having been provided by the corporate debtor, the limitation period of twelve years is available for the claim made by the....4. In this appeal, the order so passed by the Appellate Tribunal is in challenge. The appellant would contend that limitation period for an application under Section 7 of...the debt in question having been consistently acknowledged by the corporate debtor in its balance sheets and annual reports, fresh period of limitation is available from the date of every such...