2020 (5) TMI 418 - SCH - Indian Laws

Extension of period of limitation prescribed under the general law or Special Laws - prevailing Covid-19 Virus pandemic situation in India - HELD THAT - To obviate the difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings - this order is a binding order within the meaning of Article 141 on all Courts/Tribunals and authorities. This order may be brought to the notice of all High Courts for being communicated to all subordinate Courts/Tribunals within their respective jurisdiction - Issue notice to all the Registrars General of the High Courts, returnable in four weeks.

Issues involved:
Extension of period of limitation due to Covid-19 pandemic.

Analysis:
The Supreme Court, consisting of The Chief Justice, Mr. Justice L. Nageswara Rao, and Mr. Justice Surya Kant, took Suo Motu cognizance of the challenges faced by litigants due to the Covid-19 pandemic. The Court recognized the difficulties that litigants across the country may encounter in filing their petitions, applications, suits, appeals, and other proceedings within the prescribed period of limitation. To address these challenges and ensure that lawyers and litigants do not have to physically file proceedings in Courts and Tribunals, the Court ordered the extension of the period of limitation in all such proceedings. This extension is applicable from 15th March 2020 until further orders are passed by the Court in the ongoing proceedings.

The Court invoked its powers under Article 142 read with Article 141 of the Constitution of India to issue this order. By declaring this order as binding under Article 141, the Court has made it mandatory for all Courts, Tribunals, and authorities to adhere to this extension of the limitation period. The order specifically mentions that it applies to all proceedings, regardless of whether the limitation is prescribed under general law or Special Laws, and whether it is condonable or not.

Furthermore, the Court directed that this order be communicated to all High Courts for dissemination to all subordinate Courts and Tribunals within their respective jurisdictions. Additionally, the Court issued notice to all the Registrars General of the High Courts, returnable in four weeks, to ensure the effective implementation and communication of this order at all levels of the judicial system.

← Previous Next →