Referred to Larger Bench XXXVII: Limitation and Debt

Posted on by Rudrajyoti Nath Ray

State of Kerala v. V.R. Kalliyanikutty, (1999) 3 SCC 657 did not dispute, a statute of limitation only bars a remedy and does not extinguish a debt. It would also be apposite to point out, recently, K.C. Ninan v. Kerala State Electricity Board, 2023 INSC 560 noticed V.R. Kalliyanikutty and concluded, a statute of limitation only barred a remedy, while right to recover a loan through ‘any other suitable manner provided’ remains untouched. We are of opinion, Chief Justice of India should constitute a Three-Judge Bench.

– Hon’ble Justice K.V. Viswanathan, K.P. Khemka v. Haryana State Industrial and Infrastructure Development Corporation Limited, [Civil Appeal No. 6144 of 2024].

Rudrajyoti Nath Ray's avatar
'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.