Limitation under the National Green Tribunal Act, 2010 #legalupdates

Mar
2
2017


The Tribunal has held that a recurring or continuous cause of action may give rise to a fresh cause of action resulting in fresh accrual of right to sue. The Tribunal was of the opinion that a subsequent wrong or injury would become an independent first wrong or injury and a subsequent, composite and complete cause of action and will not be hit by the term, “when the cause of action first arose”, as provided in Section 14(3) of the NGT Act.The Hon’ble National Green tribunal has expanded the scope and extent of disputes in pursuance to its objective of effective and expeditious disposal of cases relating to environmental protection.




Deficiency in service on part of the Bank when title deeds under their custody are lost #legalupdates

Mar
2
2017


In a case, before the National Commission, Bank took a stand that document had been 'misplaced', there shall still be a possibility that, document could be recovered at a later stage and returned to complainant. However, if Bank had intimated to the complainant that, documents had been "lost", cause of action would have started from date of receiving said intimation. In present case, therefore, it is established beyond doubt that since Bank has been taking the stand that, document was 'misplaced', cause of action had not accrued to complainant all these years, and hence, complaint filed by them cannot be stated to be beyond limitation in terms of Section 24A of Consumer Protection Act, 1986.

Secretary/Manager, Mayyanad Regional Co-Operative Bank v. Ebrahimkutty




Power to extend time of assessment cannot be exercised after the expiry of presribed period of assessment #indianlaws

Mar
9
2016


The Supreme Court held that upon the lapse of the period of limitation prescribed, the right of the Department to assess an assesse gets extinguished and this confers a very valuable right on the assesse. If the Commissioner is permitted to grant the extension even after the expiry of original period of limitation prescribed under the Act, it will give him right to exercise such a power at any time even much after the last date of assessment. When the last date of assessment in respect of the relevant Assessment Years expired, it vested a valuable right in the assesse which cannot be lightly taken away. Section 11(10) has to be interpreted in the manner which is equitable to both the parties. It was accordingly held that power to extend the time is to be exercised before the normal period of assessment expires. SC




Time to file reply to consumer complaint not later than 45 days from the receipt of notice #indianlaws

Dec
9
2015


The Supreme Court held that the District Forum can grant a further period of 15 days in addition to the 30 days (from the date of notice) provided for in section 13 of the Act to the opposite party for filing his version or reply and not beyond that. It was held that the view expressed by the three Judge Bench of this Court in Dr. J.J. Merchant & Ors. v. Shrinath Chaturvedi [(2002) 6 SCC 635] would prevail as the judgment delivered in this case holds the field. .Supre




Date on which cause of action arose for filing complaint for dishonour of cheque is to be excluded for the purposes of limitation

Oct
26
2013


While calculating the period of one month as prescribed under Section 142(b) of the Negotiable Instruments Act, 1881 for filing a criminal complaint on the ground of dishonour of cheque, the period is to be reckoned by excluding or including the date on which the cause of action arose?








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