Supreme Court of India
West Bengal Essential Commodities Supply Corporation v. Swadesh Agro Farming and Storage Pvt. Ltd. and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the period of limitation under Article 136 of the Limitation Act runs from the date of the decree and not from the date when the decree is actually drawn up and signed by the Judge.
Judgment, page 11
From the headnote
Limitation Act, 1963; Articles 136 and 12(2)-Execution of decree- Claim for exclusion of period taken by Court for drawing up and signing the decree-Suit for recovery of amount-Decided on 8.3./982-Decree order actually drawn up and signed by Judge on 9. 8.1983-Application for execution of decree on 5.6.1995-Allowed-On appeal Division Bench of High Court setting aside the execution order on the ground that the execution ·· ·· petition was barred but limitation-Legality of-Held, the period of limitation staris from the date of decree and not from the date when it is actually drawn up and signed
Where later benches applied it
- 2018 Mohinder Singh (dead) through Lrs. v. Paramjit Singh & Ors.
- 2011 Leela Hotels Ltd. v. Housing & Urban Development Corporation Ltd.
Of those, 1 referred to · 1 mentioned
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