Supreme Court of India · 2006-12-05
Sankar Dastidar vs Shrimati Banjula Dastidar & Anr
- Citation / case number
- AIR 2007 SUPREME COURT 514
- Court
- Supreme Court of India
- Petitioner
- Sankar Dastidar
- Respondent
- Shrimati Banjula Dastidar & Anr
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Markandey Katju
Judgment text excerpt
The Supreme Court addressed the issue of limitation for counter claims regarding wrongful detention of goods under the Limitation Act, 1963. It held that the applicability of Section 22 of the Limitation Act does not extend to completed torts, which are not considered continuing wrongs. The Court affirmed the High Court's decision that the counter claim was not barred by limitation, emphasizing that the period of limitation begins when the property is wrongfully taken, as per Articles 68 and 69 of the Limitation Act.