Limitation Period Archives

Delhi High Court set aside delayed show cause notice issued by Revenue Department under IT Act

The Delhi High Court observed that there was an unexplained substantial delay in issuing the impugned Show Cause Notice dated 09-11-2017 and thus, is inexcusable in the eyes of law

Case Briefs Supreme Court

Section 11B Central Excise Act’s limitation period applicable to claims for rebate of duty under Rule 18 of the Central Excise Rules, 2002: SC

Supreme Court observed that if it is accepted that the period of limitation prescribed under Section 11B of the Act shall not be applicable with respect to claim for rebate of duty as there is no mention of Section 11B of the Act either in Rule 18 or in the notification dated 6.9.2004, then there will not be any period of limitation for making an application for rebate of duty.

Case Briefs High Courts

Delhi High Court | Arbitration cannot be invoked even by consent of the parties once the claim is found to be time-barred

Delhi High Court: In a case filed by Extramarks Education India Private Limited (petitioner) seeking appointment of an arbitrator to

Case Briefs District Court Tribunals/Commissions/Regulatory Bodies

Consumer Forum | Can complainant raise consumer dispute where excess electricity duty is charged? Is he overriding statutory remedy if he already approached the Collector? Read on

Consumer Disputes Redressal Commission Gujarat State, Ahmedabad: Justice V.P. Patel, President and U.P. Jani, Member, addressed an appeal which was raised in

Case Briefs High Courts

[Name-Logo Dispute] Telangana HC | ‘GSK’ being widely known mark: GSK Life Sciences (P) Ltd. ordered to suitably delete word ‘GSK’; No violation of S. 35, TM Act found

Telangana High Court: Abhinand Kumar Shavili, J., addressed a matter wherein the name and logo of a company were in dispute. Instant

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT| Issuance of the cheque is indicative of acknowledgement of debt, even if returned dishonored

National Company Law Appellate Tribunal- A Coram of Anant Bijay Singh, J. (Judicial Member) and Shreesha Merla (Technical Member) dismissed an appeal

Case Briefs High Courts

Del HC | How the limitation period for filing S. 138 NI Act complaints is to be calculated? What is the effect of not filing S. 142(1)(b) proviso application? Explained

Delhi High Court: Suresh Kumar Kait, J., reversed the order of the lower court issuing summons against the accused in a case

Case Briefs High Courts

Cal HC | Can a transferee claim that he being the transferee of an establishment is not liable to pay dues accruing before the transfer under ESI Act? HC explains

Calcutta High Court: Ravi Krishan Kapur, J., while addressing an issue pertaining to Employees’ State Insurance Act, 1948, observed that, The ESI Act

Case Briefs Foreign Courts

Bangladesh SC | Period of limitation in filing petitions/applications/suits/appeals/revisions and all other proceedings under general or special laws extended till 31st August

Supreme Court of Bangladesh: Full Bench of Syed Mahmud Hossain, CJ and Muhammad Imman Ali, Hasan Foez Siddique, Mirza Hussain Haider, Abu

Case Briefs High Courts

Utt HC | Limitation under S. 468 CrPC is applicable at the time of cognizance, not consequent thereupon

Uttaranchal High Court: Ravindra Maithani, J., while discussing the scope of Section 482 of the Code of Criminal Procedure, 1973 and the object

Case Briefs Supreme Court (Constitution Benches)

District Forum can’t extend limitation period of 45 days for filing response under Section 13 of Consumer Protection Act

Supreme Court: The 5-judge bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and S. Ravindra Bhat, JJ has held that

Case Briefs High Courts

Raj HC | Non-prescription of limitation period in a statute for making reference to a Court, does not confer unbridled power on authority to exercise the same on whims

Rajasthan High Court: A Division Bench of Sangeet Lodha and Mahendar Kumar Goyal, JJ. dismissed an appeal regarding irregularity of a suit

Case Briefs Foreign Courts

Canada SC | Class Action Suit against Pioneer upheld; limitation period extended on ground that people could lose right to sue before even knowing that they were harmed

Supreme Court of Canada: The Coram of Wagner C.J. and Abella, Moldaver, Karakatsanis, Gascon, Côté, Brown, Rowe and Martin JJ. while allowing

Case Briefs High Courts

Bom HC | Question whether complaint under S. 138 NI Act filed within limitation period is to be considered at trial; quashing of issue of process denied

Bombay High Court: S.S Shinde, J. dismissed a criminal application filed against the order of a Judicial Magistrate thereby issuing process against the

Case Briefs High Courts

Limitation period to file appeal under Section 107 of UP Goods and Services Tax Act, 2017 starts from when order aggrieved against was communicated

Allahabad High Court: This petition was filed before a Single Judge Bench of Saumitra Dayal Singh, J., dealing with the issue of

Case Briefs High Courts

Full Bench strikes down 180-day limitation period on appeals under Section 14A of SC/ST Act; Gives detailed interpretation on applicability of Section 14A of the Act

Allahabad High Court: A Full bench comprising of CJ Dilip B. Bhosale, Ramesh Sinha and Yashwant Varma, JJ. struck down the proviso