The Plea of Limitation X: Section 24A of The Consumer Protection Act, 1986

“The provision of limitation in The Consumer Protection Act, 1986 cannot be strictly construed to disadvantage, where a supplier of goods or services itself is instrumental in causing a delay in the settlement of the claim.” – Hon’ble Justice Madan B. Lokur, National Insurance v. Hindustan Safety Glass Works Ltd., [Civil Appeal No. 3883 of […]

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The Plea of Limitation IX: Express Exclusion of Section 5 of The Limitation Act, 1963

Relevant Provisions:  The Assam Value Added Tax Act, 2003  Revision to High Court – (1) Any dealer or other person, who is dissatisfied with the decision of the Appellate Tribunal, or the Commissioner may, within sixty days after being notified of the decision of the Appellate Tribunal, file a revision to the High Court; and […]

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The Plea of Limitation VII: Section 14 of The Limitation Act, 1963

Respondent entered into a contract for construction of a commercial complex. Certain disputes arose. The matter was referred to Arbitration. Sole Arbitrator passed an Award on 11.11.2010. Both parties appeared before Arbitrator. Arbitrator did not find any justification to allow any of the claims of Respondent-Contractor. Respondent believed he could take a somersault. That propelled […]

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The Plea of Limitation V: Written Statements, District Consumer Forums I

As per Section 13(2)(a) of The Consumer Protection Act, 1986 the period of limitation for filing a written statement before a District Forum is 45 days. In J.J. Merchant, (2002) 6 SCC 635 the question arose whether the Forum can grant time beyond 45 days to the opposite party for filing its version. The Three-Judge Bench answered […]

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The Plea of Limitation I: Section 9A of The Code of Civil Procedure, 1908

Section 9A of The Code of Civil Procedure, 1908 is a State Amendment to The Code, inserted by Section 3 of The Maharashtra Act No. 65/1977. Section 9A is mandatory in nature. It mandates the Court to decide the jurisdiction of the Court before proceeding with a suit and granting interim relief by way of injunction. In Kamalakar Eknath Salunkhe v. […]

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