Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Limitation – Extension of – COVID-19 pandemic |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Limitation – Extension of – COVID-19 pandemic – Sou motu cognizance was taken of the situation arising from difficulties faced by the litigants across the country during COVID-19 pandemic in filing petitions/applications/suits/appeals/other proceedings within the prescribed period of limitation under general law of limitation or under special laws (both Central or State) – By an order dated 23.03.2020, the period of limitation was extended with effect from 15.03.2020 and order dated 23.03.2020 was extended from time to time – Considering improvement in the situation and changing scenario relating to pandemic, order dated 23.03.2020 has served its purpose and extension of limitation should come to an end – Regarding the future course of action, the following directions are issued: 1) In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 14.03.2021 shall stand excluded – Consequently, the balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021; 2) In cases where the limitation would have expired during the period between 15.03.2020 till 14.03.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 15.03.2021 – In the event the actual balance period of limitation remaining, with effect from 15.03.2021, is greater than 90 days, that longer period shall apply; 3) The period from 15.03.2020 till 14.03.2021 shall also stand excluded in computing the periods prescribed u/ss. 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, s.12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of s.138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings; 4) The Government of India shall amend the guidelines for containment zones, to state – “Regulated movement will be allowed for medical emergencies, provision of essential goods and services, and other necessary functions, such as, time bound applications, including for legal purposes, and educational and job-related requirements” – Accordingly, the Suo motu writ petition is disposed of. |
Judge | N/A |
Neutral Citation | 2021 INSC 168 |
Petitioner | In Re: Cognizance For Extension Of Limitation |
SCR | [2021] 2 S.C.R. 640 |
Judgement Date | 2021-03-08 |
Case Number | 03 |
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