Supreme Court of India · 2006-12-05
SANKAR DASTIDAR vs SHRIMATI BANJULA DASTIDAR
- Citation / case number
- SC 2005/20453
- Court
- Supreme Court of India
- Petitioner
- SANKAR DASTIDAR
- Respondent
- SHRIMATI BANJULA DASTIDAR
- Author
- MARKANDEY KATJU S.B. SINHA
- Bench
- MARKANDEY KATJU S.B. SINHA
Judgment text excerpt
The Supreme Court addressed the issue of limitation for counter claims regarding wrongful detention of goods under the Limitation Act, 1963, specifically referencing Section 22. The Court held that a completed tort does not constitute a continuing wrong, and thus the period of limitation does not cease unless the provisions of Section 22 apply. The Court affirmed the High Court's decision that the counter claim was not barred by limitation, distinguishing between damages claims and continuing wrongs in property rights.