PROPOSES UNIFORM LIMITATION PERIODS AND GREATER FLEXIBILITY FOR DELAY CONDONATION: SUPREME COURT
Case Name: My Preferred Transformation & Hospitality Pvt. Ltd. & Anr. Vs. M/S Faridabad Implements Pvt. Ltd.
Justice Pankaj Mithal called for legislative intervention to establish uniform limitation periods across various statutes and to allow courts to extend the rigid deadlines when valid reasons are presented, as per Section 5 of The Limitation Act, 1963. The court observed that statutes like the Arbitration Act, by prescribing specific limitation periods, create confusion even among lawyers and may lead to litigants losing their remedies.
Legal Provisions:
- Section 5, The Limitation Act, 1963-Extension of prescribed period in certain cases.
Source: SUPREME COURT
RECOVERY OF EXCESS PAYMENT DUE TO WRONG SALARY FIXATION CAN NOT BE ALLOWED: PATNA HIGH COURT
Case Name: Kamlesh Prasad Vs. State of Bihar
While referring to the case of the State of Punjab & Ors. Vs. Rafiq Masih the court held that the excess payment made to employees belonging to Class-III and Class-IV services due to wrong pay fixation, particularly in the case of employees who have retired or are close to retirement, and order to recover the excess amount received by Employees for a period more than five years before issuing order is impermissible.
Source: PATNA HIGH COURT
RS.1 LAKH FINE IMPOSED ON LITIGANT FOR FILING REPETITIVE MERITLESS CASES: SUPREME COURT
Case Name: Pandurang Vithal Kevne Vs. Bharat Sanchar Nigam Limited & Anr.
The Supreme Court imposed a heavy fine of Rs 1 lakh on a litigant for filing many frivolous cases and for engaging in Forum shopping multiple times while emphasizing the importance of utilizing the precious judicial time in dealing with genuine lawsuits rather than baseless cases that the litigant filed. It highlighted that though the right to access courts or justice is vital in our democracy, it is not absolute.
Source: SUPREME COURT
Also Read- (DAILY CURRENT AFFAIRS 11 JANUARY 2025)
WRITTEN BY – Veera Syamala Devi Nandikanuma
EDITOR – Vishakha Khatri
