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limitation

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delhi high court
Posted inNews

Delhi High Court declines to quash reassessment at threshold — “Limitation under Section 149 post-Ashish Agarwal requires factual computation by Assessing Officer” while remanding matter

Court’s decision The Delhi High Court disposed of a writ petition challenging reassessment proceedings for Assessment Year 2013–14, holding that the question of limitation under Section 149 of the Income…
Posted by Rawlaw December 20, 2025
ex parte
Posted inNews

Delhi High Court refuses to reopen five-year-old ex parte decree — “Knowledge of decree triggers limitation; unexplained delay defeats equity” while dismissing appeal

Court’s decision The Delhi High Court dismissed an appeal challenging the rejection of applications for setting aside an ex parte decree and for condonation of delay, holding that even assuming…
Posted by Rawlaw December 19, 2025
tribunal
Posted inNews

Delhi High Court upholds EPF Tribunal’s strict limitation bar — “Delay beyond 120 days is uncondonable; Section 5 of Limitation Act stands excluded”

Court’s decision The Delhi High Court dismissed a writ petition filed by a regimental, non-profit Army institution challenging the rejection of its appeal by the Employees’ Provident Fund Appellate Tribunal…
Posted by Rawlaw December 16, 2025
bombay high court
Posted inNews

Bombay High Court holds limitation for rectification begins from communication of ITAT order — ‘Tribunal misdirected itself’; writ disposed with liberty to urge all grounds in appeal

1. Court’s decision The Bombay High Court has held that a rectification application under Section 254(2) of the Income Tax Act cannot be dismissed as time-barred when the assessee has…
Posted by Rawlaw December 5, 2025
no breach
Posted inNews

Kerala High Court Dismisses Timber Merchant’s Appeal: “Breach of Contract Ceases When Agreement Expires—Suit Filed After Three Years Barred by Limitation”

Court’s Decision The Kerala High Court, comprising Justice Sathish Ninan and Justice P. Krishna Kumar, dismissed a timber merchant’s appeal seeking damages for alleged breach of contract against property owners…
Posted by Rawlaw October 29, 2025
limitation
Posted inNews

Kerala High Court: “Erroneous Return of Execution Petition Does Not Stop Limitation Clock — Section 14(2) of Limitation Act Inapplicable When Court Had Jurisdiction”

Court’s Decision The Kerala High Court, in a landmark judgment delivered by Justice P. Krishna Kumar, held that a decree-holder cannot claim exclusion of time under Section 14(2) of the…
Posted by Rawlaw October 19, 2025
limitation
Posted inNews

Patna High Court: “Limitation Starts from Dismissal of Appeal, Not Decree Date” — Court Upholds Execution Filed After 12 Years as Maintainable

Court’s Decision The Patna High Court dismissed a civil miscellaneous petition challenging the maintainability of an execution case for being allegedly barred by limitation, holding that the 12-year period under…
Posted by Rawlaw October 16, 2025
justice
Posted inNews

Supreme Court: Procedural Law is the Handmaid of Justice — “Substantial Justice Cannot Be Sacrificed at the Altar of Technicality”; Written Statement and Right of Cross-Examination Restored in Commercial Suit Amid COVID-19 Limitation Exclusion

Court’s Decision The Supreme Court, while invoking the principle that “procedural law is not to be a tyrant but a servant, not an obstruction but an aid to justice”, allowed…
Posted by Rawlaw October 10, 2025
delay
Posted inNews

Bombay High Court: “No limitation prescribed for victim’s appeal under Section 372 CrPC; Covid-19 period cannot be ignored in condoning delay” – Delay of 362 days condoned, appeal restored

Court’s Decision The Bombay High Court allowed a writ petition challenging the rejection of an application for condonation of delay in filing an appeal under the proviso to Section 372…
Posted by Rawlaw October 3, 2025
delay
Posted inNews

Mere Delay in Filing Appeal Against Dismissal from Service Does Not Bar Relief if Dismissal Was Illegal: Supreme Court Emphasizes “Substance Over Limitation” While Setting Aside Removal Order Passed Without Inquiry

Court’s Decision: The Supreme Court set aside the removal of a Forest Guard who was dismissed from service without a departmental inquiry. Despite a considerable delay in challenging the dismissal,…
Posted by Rawlaw August 3, 2025

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