The law will assist only those who are vigilant about their rights and not those who sleep over them. The importance of legal maxims as guiding principles can hardly be underestimated.
“The principle forming the basis of Section 10(1) of The General Clauses Act, 1897 also finds a place in Section 4 of The Limitation Act, 1963. Though the words ‘prescribed period’ are not defined in Section 2 of The Limitation Act, 1963, the expression is used throughout, only to denote the period of limitation. The expression ‘prescribed period’ appearing in Section 4 cannot be construed to mean anything other than the period of limitation. Any period beyond ‘prescribed period’, during which a Court or Tribunal has discretion to allow a person to institute proceedings, cannot be taken to be ‘prescribed period’.”
– Hon’ble Justice V. Ramasubramanian, Sagufa Ahmed v. Upper Assam Plywood Products Ltd., [Civil Appeal No. 3007-3008 of 2020].
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It could never have been said, the parties were asleep. As would be clear, the very basis of Sagufa Ahmed v. Upper Assam Plywood Products Private Ltd., (2021) 2 SCC 317 has been taken away. See, Prakash Corporates v. Dee Vee Projects Limited, (2022) 5 SCC 112.
– Hon’ble Justice K.V. Viswanathan, Aditya Khaitan v. IL and FS Financial Services Limited, [Civil Appeal Nos. 6411-6418 of 2023] decided on 03.10.2023.