Supreme Court of India · 1970-10-16
LAKSHMIRATAN COTTON MILLS CO. LTD. vs ALUMINIUM CORPORATION OF INDIA LTD.
- Citation / case number
- SC 1967/236
- Court
- Supreme Court of India
- Petitioner
- LAKSHMIRATAN COTTON MILLS CO. LTD.
- Respondent
- ALUMINIUM CORPORATION OF INDIA LTD.
- Bench
- SHELAT, J.M.
Judgment text excerpt
The Supreme Court held that under Section 19(1) of the Limitation Act, 1908, an acknowledgment of liability must relate to a subsisting liability and can extend the limitation period without creating a new right of action. The Court found that the letter from the Secretary-cum-Chief Accountant of the Corporation constituted a valid acknowledgment, thereby binding the Corporation despite its claims of limitation. Consequently, the appeals were allowed, reversing the High Court's dismissal of the suits as time-barred.