LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

KEY TAKEAWAYS 

The Supreme Court on Monday, 7th March 2021, lifted the augmentation of the restriction time frame for documenting of cases allowed by the Court in March a year ago by virtue of COVID-19 pandemic and the public lockdown

A seat containing Chief Justice of India SA Bobde, Justices L Nageswara Rao, and S Ravindra Bhat discarded the suo moto case 

 

FURTHER DETAILS 

In registering the time of impediment for any suit, appeal, application or continuing, the time frame from 15.03.2020 till 14.03.2021 will stand excluded.

Consequently, the equilibrium time of constraint staying as on 15.03.2020, assuming any, will open up with impact from 15.03.2021 

GUIDELINES PROVIDED BY THE SC 

In situations where the constraint would have terminated during the time frame between 15.03.2020 till14.03.2021, despite the genuine equilibrium time of impediment staying, all people will have a restriction time of 90 days from15.03.2021. 

In the occasion the genuine equilibrium time of constraint staying, with impact from15.03.2021, is more prominent than 90 days, that more drawn-out period will apply. 

The time frame from 15.03.2020 till 14.03.2021 will likewise stand barred in figuring the time frames endorsed under Sections 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12Aof the Commercial Courts Act, 2015 and provisos(b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and whatever other laws, which recommend period(s) of limit for founding procedures, external cut-off points (inside which the court or council can excuse postponement) and end of procedures 

The Government of India will revise the rules for control zones, to state - "Controlled development will be considered health related crises, arrangement of fundamental products and ventures, and other essential capacities, for example, time headed applications, including for legitimate purposes, and instructive and work-related necessities 

The seat had passed a request in July a year ago in the Suo moto procedures permitting the help of notice through WhatsApp and other online courier administrations.

WHAT IS YOUR STANCE ON THIS TAKE OF THE APEX COURT? LET US KNOW IN THE COMMENTS BELOW! 

"Loved reading this piece by SHIVEK J.?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"




Tags :

  Views  81  Report



Comments
img

Course