Supreme Court of India

Fairgrowth Investments Ltd. v. The Custodian

Neutral citation

Reported as [2004] SUPP. 5 S.C.R. 505

Bench Ruma Pal and Arun Kumar JJ.

Decided 14 October 2004

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.

5 Supreme Court benches have cited this judgment.

From the headnote

Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992/Limitation Act, 1963-Section 4(2)/ Sections 5 and 29(2)-Petition u/s 4(2)-Beyond the limitation period-Condonation of delay-Permissibility of-Held: The delay in filing the petition cannot be condoned-The limitation period is mandatory-The provision for condoning delay is not provided in the statute, nor can it be condoned u/s 5 of Limitation Act by virtue of applicability of Section 29(2) of Limitation Act-Section 29(2) does not apply to the statute as the statute had excluded application of Limitation Act.

Authorities it was built on

2002 Dr. J.J. Merchant and Ors. v. Shrinath Chaturvedi cited by 22
1963 Vidyacharan Shukla v. Khubchand Baghel and Others cited by 19
2004 Gopal Sardar v. Karuna Sardar cited by 8
1963 C. Beepathumma & Ors. v. V.S. Kadambolithaya & Ors. cited by 5
1998 R. Rudraiah and Anr. v. State of Karnataka and Ors. cited by 2
2001 Antonysami v. Arulanandam Pillai (d) by Lrs. and Anr. cited by 1

Where later benches applied it

2026 The Property Company (p) Ltd v. Rohinten Daddy Mazda referred to
2022 Manjit Singh Sodhi v. The Custodian & Ors. referred to
2020 Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd. referred to
2015 Baleshwar Dayal Jaiswal v. Bank of India & Ors. referred to
2012 M/s Thakker Shipping P. Ltd. v. Commissioner of Customs (general) referred to

Of those, 5 referred to

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