#limitation act

[gstindiaguide-blog1]

GST appeal restored as High Court held condonation of delay permissible under Limitation Act despite bar in Section 107(4)

Case Details Case Title: Green Filed Agrotech v. The State of West Bengal & Ors. Court: Calcutta High Court Petition No.: WPA 21521 of 2024 Date of Judgment: 14.02.2025 Relevant Sections: Section 73(9), Section 107(1) & 107(4) of the WBGST Act, 2017; Section 5 of the Limitation Act, 1963 Category of Dispute: Appeal and Condonation of Delay under GST Facts (Para 14–15) The petitioner…

GST appeal restored as High Court held condonation of delay permissible under Limitation Act despite bar in Section 107(4)

[gstindiaguide-blog1]

GST appeal rejection quashed as High Court held delay condonable where tax already paid and limitation must be liberally construed

Case Details Case Title: M/s. Ashoka India Corporation & Anr. v. Assistant Commissioner of Revenue, State Tax, GST, Ballygunje Charge & Ors. Court: Calcutta High Court Petition Number: WPA 26540 of 2024 Date of Judgment: 19.12.2024 Category of Dispute: Condonation of delay in appeal, Pre-deposit, Input Tax Credit Relevant Sections: Section 107, Section 108 of the CGST Act, 2017; Section 5…

GST appeal rejection quashed as High Court held delay condonable where tax already paid and limitation must be liberally construed

[gstindiaguide-blog1]

Writ dismissed as GST penalty under Section 129(3) was challenged belatedly without diligence, with liberty to pursue appeal under Section 14 of the Limitation Act.

Case Details Case Title: HDB Financial Services Limited v. State of U.P. and OthersCourt: High Court of Judicature at Allahabad (Chief Justice’s Court)Petition No.: Writ Tax No. 2098 of 2024Date of Judgment: 31 January 2025Neutral Citation: 2025:AHC:14152-DBRelevant Section: Section 129(3), CGST Act, 2017; Section 14, Limitation Act, 1963Category of Dispute: Penalty under detention…

Writ dismissed as GST penalty under Section 129(3) was challenged belatedly without diligence, with liberty to pursue appeal under Section 14 of the Limitation Act.

[propertyexperttips]

ADVERSE POSSESSION OF PROPERTY

It is a legal principle that states that a person can acquire legal ownership of someone else’s property. In order to do so, they need to do so, they need to acquire possession or reside on that property for a certain length of time. Typically, the form of property is land. 

If the adverse possession is successful after following certain requirements and conditions, there will be no requirement to compensate the owner for that property or receive permission. Adverse possession is also known as squatter’s rights. 

According to the Indian law of adverse possession, if a tenant occupies a property for 12 years, they are granted the ownership rights to the property. Property owners needs to be aware about these adverse possession laws to avoid any hassle or dispute. 

[lexlawuk]

Beware of Limitation Periods: Supreme Court clarifies time periods for litigation claims

Beware of Limitation Periods: Supreme Court clarifies time periods for litigation claims

The Supreme Court has reconfirmed the importance of not leaving issuance of a claim to the last minute in the recent case of Matthew v Sedman [2021] UKSC 19 heard before The Supreme Court, it was ruled that where a cause of action accrues from the stroke of midnight, the following day directly is to be included in the calculation time of the limitation period. Practitioners should be aware that…

View On WordPress

[thoughtfullyprofoundtree]

Law of Limitation in India.

Law of Limitation in India.

Every remedy has a time period within which it can be invoked. This is called limitation. Law of Limitation deals with limitation period to start a legal remedy in India:

Every remedy has a period of limitation within which it can be invoked. The right to seek relief is extinguished after the period of limitation.In India the statute of limitation is called as Limitation Act which was…

View On WordPress

[thoughtfullyprofoundtree]

Extinguishment of right, title and interest in property

Extinguishment of right, title and interest in property

Effect of Re-grant of Land.

Whatever so-called rights, title and interest which the original holders derived from the orders of re-grant in 1973 in the suit property in their favour, the same stood extinguished by efflux of time.

The reason was that in order to keep such new rights intact and enforceable, the original holders (three PATIL) were under a legal obligation to have filed a suit for…

View On WordPress

[firstlawindia]

Limitation Act will not applicable to appeal under Railway Claims Tribunal

Limitation Act will not applicable to appeal under Railway Claims Tribunal

The Madhya Pradesh High Court at Jablpur Bench on Friday, November 06, 2015 in the matter of Smt. Kujmati Vs Union of India held that Section 5 of the Limitation Act would have no application to an appeal under sub-section (1) of Section 23 of the Railway Claims Tribunal Act, 1987 and the High Court would have no jurisdiction to entertain such appeal beyond the stipulated period of limitation of…

View On WordPress