Limitation Act, 1963

The appellant filed a suit in 2008 to cancel a 1995 sale deed of land that had been purchased by defendant No. 7, who had died before the suit was instituted. The trial court dismissed the appellant’s application to bring the deceased defendant’s legal representatives on record under Order 22 Rule 4, deeming it non‑mai…

Ram Prakash Gupta, a handicapped plaintiff, filed a suit in 1990 seeking declaration of ownership of his house and nullity of two decrees obtained fraudulently by his brothers' sons in 1976. He discovered the fraudulent decree only in 1986 when an interpleader suit disclosed it. After 15 years of litigation, the respon…

The landlord claimed the tenant defaulted on rent from March 1994 and filed an eviction suit under the West Bengal Premises Tenancy Act, 1956. The tenant had tendered the March rent twice in April 1994, but the landlord refused to accept it, prompting the tenant to deposit the rent with the Rent Controller and later wi…

The appellant, M/s Geo Miller & Co., sought appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 for three water‑treatment contracts dated 1979‑1985, alleging non‑payment by the respondent. The respondent contended that the cause of action arose when the final bills were presen…

Raghuvir Singh, a conductor with Haryana Roadways, was arrested in 1994 on a criminal charge of ticket‑money misappropriation and was terminated from service without a proper enquiry or show‑cause notice. After being acquitted in 2002, he sought reinstatement; the dispute was referred by the State Government to the Lab…

The respondent obtained an ex‑parte decree against the appellant. The appellant filed an application to set aside the decree but delayed filing it by 883 days, citing his advocate's negligence as the cause. The trial court, applying Section 5 of the Limitation Act, 1963, accepted the explanation and condoned the delay.…

The respondents (plaintiffs) filed a suit in 1987 seeking declaration that certain lands were Inam lands of Niyamatullah Shah Dargah and also seeking possession of those lands from the defendants (appellants). The trial court dismissed the suit on the ground of limitation and non‑joinder of parties. The District Judge …

The plaintiff, Satti Paradesi Samadhi & Pillayar Temple, filed a suit in 1997 seeking a declaration that three settlement deeds dated 27 March 1978, executed by a former trustee in favour of his daughters and granddaughter, were void, and also sought possession of the trust land. The defendant contended that the suit w…

The appellant Ganesan challenged the Tamil Nadu Hindu Religious and Charitable Endowments Board Commissioner's order condoning a 266‑day delay in filing an appeal under Section 69 of the Hindu Religious Endowment Charitable Act, 1959. The central issue was whether the Commissioner, a statutory authority, is a "court" f…

The dispute concerned a parcel of land originally owned by three Patils, which was sold by court auction in 1942 and by direct purchase in 1943 to Shah Veljee Kanjee, whose legal representatives later claimed ownership. The appellants (M/s Eureka Builders and others) purchased the land in 2001 from the original Patils,…

P. Kiran Kumar, a minor, claimed compensation under the Motor Vehicles Act after a road accident. The Motor Accident Claims Tribunal awarded a partial sum ex parte because the respondents withdrew their defence. The respondents appealed the award, but the High Court dismissed the appeal as barred by limitation. They th…

Essar Constructions appealed a Supreme Court order dismissing its appeal against a High Court decision that had condoned delay in filing an application under Section 30 of the Arbitration Act, 1940. The dispute arose from three arbitrators where two awards favored Essar and one favored the respondent, who sought to set…

The Union of India filed a civil appeal seeking restoration of a writ petition that had been dismissed for non‑prosecution in 2006, but the application for restoration was filed after a delay of 12 years and 158 days. The High Court declined to condone this delay, prompting the Union to challenge the order before the S…

The case concerned the ownership of property originally belonging to Ramanna, who died in 1907 leaving a widow Seethamma and a daughter Venkamma. The appellants claimed title based on a 1955 sale deed executed by Jankamma, the granddaughter of Ramanna, while the respondents asserted possession derived from an earlier 1…

The testator executed a will on 9 September 1991 and died on 5 October 1995. A probate petition filed by a respondent was withdrawn on 9 August 1999, after which respondents 1‑3 filed a petition for letters of administration on 7 August 2002. The appellant argued that the petition was barred by the three‑year limitatio…

The Supreme Court examined whether Section 14 of the Limitation Act, 1963, which excludes time spent prosecuting a proceeding in a wrong court, applies to an application under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside an arbitral award. It held that while Section 5 of the Limitation Act…

The respondent obtained a decree for specific performance of a contract that directed the sale deed to be executed before possession could be taken. The decree stipulated that it would become enforceable only after the sale deed was executed, which occurred on 23 March 1984. The decree‑debtors failed to comply with pay…

The appellant claimed a sale agreement dated 9 August 1959 and filed a suit for specific performance on 5 November 1972, after the respondent had obtained a possession decree in his favour on 9 November 1971. The appellant issued a notice to the respondent on 22 August 1972, asserting denial of the agreement. The court…

The appellant, a former employee of Aruna Hotels Ltd., claimed arrears of salary of Rs 1.87 crore for the period 1998‑2013 and filed a Section 9 application under the Insolvency and Bankruptcy Code (IBC) on 21 July 2017. The company contended that the claim was time‑barred. The National Company Law Tribunal (NCLT) admi…

The petitioners, two senior bank officials, challenged a criminal complaint filed under Section 200 of the CrPC alleging that they colluded with an auction purchaser to cause wrongful loss to the borrower, K. Virupaksha, after the bank invoked the SARFAESI Act to enforce a secured loan of Rs.2.68 crore. The borrower’s …

The appellant, a Karnataka‑based incense‑stick manufacturer, adopted the mark "Eenadu" for its products and sold them in Andhra Pradesh. The respondent, a prominent Telugu newspaper and media group, claimed that the mark had acquired extraordinary reputation and goodwill in the state and that the appellant’s use amount…

The Supreme Court was asked to resolve a conflict between two earlier decisions on whether the Special Tribunal or Special Court created under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 could decide questions of adverse possession. The Court examined the provisions of the Act, its non‑obstante clause, and…

The husband (appellant) filed for divorce on the ground of cruelty after his wife (respondent) left him and returned to her parental home. The Family Court granted the decree of dissolution, but the wife appealed to the High Court under Section 19 of the Family Courts Act; the appeal was filed on 09‑09‑2004. The appell…

The case arose from a consolidation proceeding under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, where orders passed in 1981‑82 were challenged by two respondents who were minors at the time. They filed a revision application in 1993 before the Deputy Director Consolidation, which was allowed, and…

The appellant, a vendor, sold two plots of land to the respondents in 1980. The respondents sued for specific performance; the trial court decreed performance, directing the respondents to deposit the balance price by March 31, 1983, and the vendor to execute sale deeds. After the decree became final, the respondents f…

The Supreme Court heard appeals by Ashwin S. Mehta and other family members, who were notified persons under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992, seeking release of residential flats and commercial premises that had been attached. The Special Court had allowed the Cus…

Dharma Prathishthanam entered into a construction contract with Madhok Construction Pvt. Ltd. that contained an arbitration clause referring disputes to arbitration under the Arbitration Act, 1940. When a dispute arose, the respondent unilaterally appointed Shri Swami Dayal as sole arbitrator, gave notice, and the arbi…

The appellant claimed a default of Rs 6.7 crore against the respondent, which was declared a non‑performing asset in 1999 and a recovery certificate was issued in 2001. A petition under Section 7 of the Insolvency and Bankruptcy Code was filed in 2017, and the NCLT admitted it on the ground that the default was continu…

The appellant, Commissioner of Central Excise, sought to enforce a refund order dated 06‑06‑1989 in favour of M/s Dalmiacement (Bharat) Ltd. The refund had not been paid, leading to contempt proceedings and a High Court order directing the Assistant Commissioner to examine the claim under the amended Section 11B, which…

The appellant, Madan Kishore, claimed that as a sub‑tenant he was entitled to acquire proprietary rights over land under the Himachal Pradesh Abolition of Big Landed Estates and Reforms Act, 1953, and that a Compensation Officer had validly conferred such rights on him. The Supreme Court examined the scheme of the Act,…

The sole appellant died while his appeal was pending before the High Court. The death was notified late, and the appellant's counsel could not locate the legal heirs to file a substitution application within the prescribed time, leading the High Court to declare the appeal abated and dismiss it. An application filed la…

The teachers (respondents) misused Leave Travel Concession benefits in 1981‑82, leading to recovery actions in 1984‑86. They filed applications before the Karnataka Administrative Tribunal challenging the government's right to recover the amounts. In August 1989 the Tribunal, in similar cases, held that the government …

The Kerala State Science & Technology Museum, a state‑owned society, entered into a construction contract with Rambal Company (Respondent No. I). After alleged breach, the museum terminated the contract and later issued a demand notice under Section 34 of the Revenue Recovery Act, 1968 for Rs 22,10,303. The respondent …

The Supreme Court examined the constitutional validity and practical effect of numerous amendments to the Code of Civil Procedure (CPC) made by the 1999 and 2002 Amendment Acts. It held that the requirement of filing an affidavit under Section 26(2) and Order VI Rule 15(4) imposes additional responsibility on deponents…

The appellant Oriental Insurance Company Ltd issued a fire industrial all‑risk policy to the respondent M/s Narbheram Power and Steel Pvt. Ltd. After a cyclone caused alleged losses, the insurer repudiated the claim, refusing to accept liability and declined to refer the dispute to arbitration. The insured invoked Clau…

The case concerned a sale deed executed in 1961 that purportedly showed a minor as a major, allegedly obtained by fraud. The minor later sued in 1979 to set aside the deed and claim a share in the land. The trial court dismissed the suit as barred by limitation, but the appellate court held the deed void and said limit…

The New Mangalore Port Trust (NMPT) had revised licence fees for land allotted to several licensees and issued demand notices for arrears. The licensees challenged the retrospective application of the revised tariff before the Karnataka High Court, which dismissed their writ petitions, leading NMPT to file writ petitio…

The parties entered into a contract for bauxite mining, and an arbitral award dated 9 April 2022 was issued in favour of the appellant. The respondent filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 on 11 July 2022 to set aside the award. The issue before the Supreme Court was whethe…

The appellant obtained a decree for possession in 1986, which became final on 9 November 2000. Seeking to enforce the decree, the appellant filed an execution application before the Tehsildar on 18 December 2000, which was rejected on 29 January 2005 on the ground of lack of jurisdiction. The appellant then filed a fre…

Bhanwaroo Khan and his wife, who migrated to Pakistan after Partition and obtained Pakistani passports, entered India in 1955 on a visa, later failed to return and lived underground. In 1984 they applied for Indian citizenship, but the Government of India, invoking Section 9(2) of the Citizenship Act, 1955 and Rule 3 o…

The dispute concerned partnership accounts where the surviving partner of Super Diamond Tools alleged that K. Mohan Rao falsified accounts and siphoned funds. An arbitrator, appointed after a court reference, found Rao guilty of fraud and awarded a sum with interest. Rao sought to set aside the award under Section 34 o…

The appellant, Dakshin Haryana Bijli Vitran Nigam Ltd., terminated a service level agreement with the respondent, Navigant Technologies Pvt. Ltd., leading to arbitration. The three‑member tribunal orally pronounced a majority award on 27‑04‑2018, but the dissenting arbitrator issued a separate opinion and the signed co…

The petitioner, Sridevi Datla, challenged the National Green Tribunal's (NGT) dismissal of her appeal against the environmental clearance for the Bhogapuram Greenfield Airport, arguing that the appeal was filed within the extended 60‑day period because the last day fell on a Sunday and that the NGT erred in refusing to…

The appellant, D.B. Basnett, claimed that the State of Sikkim had illegally occupied his 7.07‑acre land without complying with the procedural requirements of the Sikkim Land (Requisition and Acquisition) Act, 1977. The State contended that it had paid compensation of Rs.62,645 in 1980 and therefore possessed the land l…

The respondent, Durga Devi, owned an 11‑biswas land parcel in Kullu and sued the appellant, Baini Prasad, for possession and demolition of a verandah he had constructed on that land in 1986, claiming he believed it to be his own. The trial court ordered demolition and restoration of possession to the respondent; the Fi…

The respondent, claiming ownership of a shop, sued the predecessor of the appellants for arrears of rent and eviction. The trial court passed an ex‑parte decree for Rs 8,000 arrears, Rs 3,212 costs and ordered mesne profits of Rs 2,000 per month until possession. The defendant filed an application under Order IX Rule 1…

Bengal Chemists & Druggists Assn. appealed against an order of the National Company Law Appellate Tribunal (NCLAT) that dismissed its appeal as not maintainable because it was filed nine days after the initial 45‑day limitation period and after the additional 45‑day grace period had also expired. The appellant argued t…

Janardhanam Prasad (appellant) entered into a sale agreement with M. Manoharan (defendant No.1) for a piece of land. The same land was later agreed to be sold by the same defendant to Ramdas (respondent No.1) without a fixed time for performance. The respondent paid part consideration but, within 20 days of the agreeme…

The appellant, owner of agricultural land, had taken a bank loan and entered into a sale agreement with the respondent, who was to discharge the loan by depositing the mortgage amount and execute a sale deed. The appellant served a notice on 24 April 1984 demanding the respondent deposit the full amount and execute the…

The appellant, a son of Prahalad, was a minor when the property was sold to the plaintiff on 6 February 1953. The plaintiff filed a suit for trespass in 1971, alleging that the appellant had forcibly entered the land. The trial court dismissed the suit, and the High Court examined the date on which the appellant attain…

The appellant, representing the estate of her deceased husband, obtained an arbitral award on 31 May 2022 directing the respondents to pay a sum with interest. The award could not be released because the respondents had not paid the arbitrator's fees, leading the District Judge to order payment of the balance fees on 2…

The Koushik Mutually Aided Cooperative Housing Society sued for specific performance of a sale agreement, and the respondents were set ex‑parte, resulting in an ex‑parte decree on 15‑02‑1999. The respondents later filed an application under Order IX Rule 13 of the CPC to set aside the decree and sought condonation of a…

The plaintiff, a Sikh Gurdwara, sued the heirs of a former mortgagee for possession of a notified agricultural land that had been gifted to the Gurdwara but remained in the possession of the mortgagee. An earlier suit against the local Gurdwara committee, filed within the 90‑day period prescribed by Section 28 of the S…

The petitioner, MD Noorul Hoda, bought land benami in the name of his brother‑in‑law Rafique on 1 December 1959. Respondents obtained a partition decree (preliminary decree 22 January 1973, final decree 9 February 1974) allocating the land to Bibi Raifunnisa. The petitioner later obtained a second sale deed from Rafiqu…

The appeal concerned a partition suit whose final decree was passed in 1968, followed by a series of appeals and a formal decree dated 30 October 1986. The judgment debtor filed an execution petition in 1997, which the executing court dismissed as barred by limitation. The Supreme Court examined whether the decree beca…

The Steel Authority of India Ltd. (appellant) challenged an arbitral award that granted damages for delay in handing over a work site, which the contract expressly prohibited. The appellant also argued that the claim was barred by the three‑year limitation period under the Limitation Act, 1963. The Supreme Court held t…

The appellant, Lachman Das Arora, who lost the Sirsa Assembly election held on 10 May 1996, filed an election petition on 1 July 1996 challenging the election of Ganeshi Lal. The Representation of the People Act, 1951 mandates that such petitions be presented within 45 days of the election. The 45‑day period expired du…

The appellant filed an election petition on July 1, 1996, the first day after the Punjab and Haryana High Court resumed from its summer vacation, although the 45‑day limitation period had expired during the vacation. The High Court, relying on a November 27, 1995 notification that the court was not "closed" for electio…

The Supreme Court examined an appeal by Asset Reconstruction Company (India) Ltd., a financial creditor, against a NCLAT order that held a Section 7(2) IBC application against V. Hotels Ltd. was time‑barred. The Court clarified that the Limitation Act, 1963 applies to IBC applications and that the three‑year limitation…

Madina Begum filed a suit for specific performance of a sale agreement that lacked a fixed calendar date for completion. The respondents contended the suit was barred by the three‑year limitation under Article 54 of Schedule I of the Limitation Act, 1963. The Supreme Court held that where no specific date is fixed, the…

The appellant had taken a loan and issued post‑dated cheques which were later dishonoured; a legal notice was sent on 17‑01‑2001 and a complaint under Section 138 of the Negotiable Instruments Act was filed on 20‑04‑2001, later amended to include Section 420 IPC. The High Court held that the amendment to Section 142(b)…

The Wakf instituted suits for recovery of possession of certain properties, which the appellants claimed were private and barred by limitation under Article 134‑B of the Limitation Act, 1908, also pleading adverse possession. The trial court held the properties were Wakf property and barred by limitation; the first app…

The case involved a family dispute over the control of Kerala Kaumudi Pvt. Ltd., focusing on the validity of share transfers from Mani and his children to M.S. Madhusoodhanan, the removal of Madhusoodhanan as Managing Director and the deletion of Article 74, the allotment of additional shares to Ravi and Srinivasan, an…

The Supreme Court examined a criminal contempt case where three appellants were accused of forging and using bogus interim orders of the Madras High Court to obstruct the execution of a decree. The High Court had convicted them of contempt and sentenced each to six months’ imprisonment, based on investigations by the C…

The petitioner, Santosh Devi, filed a suit in 2012 seeking cancellation of a sale deed and related mutation, alleging that the deed was obtained through fraud. The trial court dismissed the suit on the ground of limitation, a decision affirmed by the first appellate court and the High Court. The petitioner contended th…

The appellants filed a petition under Section 7 of the Insolvency and Bankruptcy Code (IBC) in June 2021, which the National Company Law Tribunal (NCLT) dismissed on 26 August 2022. They applied for a certified copy of the order, received it on 15 September 2022, and e‑filed an appeal before the National Company Law Ap…

The State of Maharashtra entered into a construction contract with Hindustan Construction Company Ltd., and after the arbitral tribunal awarded Rs. 17.81 crore to the company, the State filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award on five grounds. The applic…

The Supreme Court was asked to interpret whether the word "date" in Article 54 of the Schedule to the Limitation Act, 1963 denotes a specific calendar date. The Court examined the meanings of "date" and "fixed" and held that "date fixed for the performance" is a crystallized notion indicating a definite day. It observe…

The State of Nagaland filed an application for leave to appeal under Section 378(3) of the CrPC against the acquittal of Lipok AO and others. Because the application was filed 57 days after the limitation period, the State sought condonation of delay under Section 5 of the Limitation Act, 1963. The Gauhati High Court r…

The petitioners, an Afghan franchisee, sought appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 to resolve disputes over royalty payments and renewal of franchise agreements with the respondent. The key issues were whether the Limitation Act, 1963 applied to a Section 11…

Oil & Natural Gas Corp. Ltd. (ONGC) appealed to the Supreme Court against the order of the Appellate Tribunal for Electricity which denied its claim for a refund. The appeal was filed more than 71 days after the 60‑day period prescribed under Section 125 of the Electricity Act, 2003, and beyond the additional 60‑day co…

The Agricultural Income Tax Officer assessed Rs 84,788.78 for the period 1956‑58, which was quashed by the Kerala High Court on 1 January 1968, limiting liability to a 1/693 share of the estate. The appellants filed a suit in 1974 to recover amounts already paid by successors; the trial court decreed in their favour, b…