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april 2008

Supreme Court of India · 2008-04-09

C.MACKERTICH & CO. vs THE CUSTODIAN .

Citation / case number
SC 2005/20593
Court
Supreme Court of India
Petitioner
C.MACKERTICH & CO.
Respondent
THE CUSTODIAN .
Bench
B.N. AGRAWAL & G.S. SINGHVI

Judgment text excerpt

The Supreme Court held that the Special Court erred by not framing an issue regarding the applicability of the Limitation Act in the Custodian's petition. The Court emphasized that the question of limitation is a crucial issue that must be addressed alongside other issues in the case. Consequently, the impugned order was set aside, and the matter was remanded to the Special Court for a fresh decision on all points, including limitation.

C.MACKERTICH & CO. vs THE CUSTODIAN . · Niyam