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april 1992

Supreme Court of India · 1992-04-20

PUNJAB NATIONAL BANK vs SURENDRA PRASAD SINHA

Citation / case number
SC 1992/85662
Court
Supreme Court of India
Petitioner
PUNJAB NATIONAL BANK
Respondent
SURENDRA PRASAD SINHA
Bench
RAMASWAMY

Judgment text excerpt

The Supreme Court held that Section 3 of the Limitation Act, 1963 bars the remedy to enforce a debt but does not extinguish the right to the debt itself. The Court clarified that while the right to enforce the debt through judicial process may be time-barred, the debt continues to exist and can be settled through other means. Furthermore, the Court ruled that actions taken in accordance with a contract do not constitute criminal breach of trust under Sections 405 and 409 IPC, as the creditor can adjust the debt against the security in their possession.

PUNJAB NATIONAL BANK vs SURENDRA PRASAD SINHA · Niyam