In this post, Varun Rao seeks to rebut the non-applicability of the Limitation Act in tribunals. He puts forward a two-pronged argument, supported with case laws, revolving around the tribunals’ close nexus to courts themselves, and taking a liberal approach to the Limitation Act. Continue reading Application of the Limitation Act to Proceedings before Tribunals

By: Ajay Sharma Editor’s Note: To read author’s take on the application of John Doe Orders in Indian Courts, visit here. INTRODUCTION India has borrowed the concept of “John Doe Order” from foreign jurisdictions (such as the USA, English, Canadian and Australian Courts). This is primarily because these jurisdictions have been using and have contributed to the development of the jurisprudence of John Doe Orders … Continue reading New Avatar of John Doe Order in India: John Doe Order in Non- IPR Cases

By: Vishal Hablani INTRODUCTION Section 5 of the Limitation Act, 1963 deals with the discretionary power of the Court to admit an appeal or an application, after the expiration of the limitation period with the restriction that it can be exercised by the court only if there exists a “sufficient cause” for the delay in filing such an appeal or application. The ambit of power … Continue reading Counsel’s Mistake as “Sufficient Cause” under Section 5 of the Limitation Act –A Critical Analysis

By: Vani Kaushik INTRODUCTION The general principle followed in the law of limitation is that the limitation commences from the earliest possible time a suit can be instituted.[1] However, an exception to this is laid down under section 23 of the Limitation Act, 1963 (hereinafter ‘the Act’), which states that where there exists no independent cause of action, the limitation starts running from the time … Continue reading Harmonious Construction of Sections 22 and 23 of the Limitation Act, 1963