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december 2006

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.

SANKAR DASTIDAR vs SHRIMATI BANJULA DASTIDAR · Niyam