Supreme Court lock down, Limitation Period extended

The Supreme Court observed that a contract is void if prohibited by a statute under a penalty, even without express declaration that the contract is void

In view of the Indian Government’s March 5, 2020 advisory against mass gatherings due to Corona Outbreak, SC issued notification that it would hear only urgent cases cautioning against mass gatherings. Apex Court extends ‘Limitation period’ from March 15 till further orders because of difficulties faced by litigants across the country in filing their petitions /suits/ appeals

In a circular issued by Supreme Court on 22nd March lockdown till 31st March. Court also cancelled the scheduled hearing in courts 2, 8, 14 and from 25th March. One Bench of two judges is hearing only urgent matters via videoconference.

Petitioners filed PIL in Supreme Court to direct the Government for increase in the number of laboratories to prevent wide spread of Covid-19and possible outbreak in rural areas. According to a report from ANI, the Supreme Court on 23rd March, In-person hearings will not be taken up by the High Courts and District Courts and support the keeping the social distancing because of COVID19 outbreak. On 24th March, PM Modi also declared shut down for the next 21 days till the further actions to be passed by the Government.

Supreme Court while exercising the power under Article 142 and Article 141, declared that this order will be a binding order on all Courts or Tribunals and Authorities.

The Chief Justice of India, S.A. Bobde, opined on overcrowding jails and stated that the convicts jailed can be considered for parole or interim bail in case of offences where the punishment is less than 7 years. The Supreme Court also directed the State Governments to constitute a committee headed by Law Secretary, State Legal Service Authority chairman, Principal Secretary (Home/Prison), Director General of Prison to determine, which class of convicts can be released on parole or interim bail. With regard to the provisions of Article 21, it is imperative to prevent the spread of the Virus within the prisons and it has to be controlled to ensure the safety of the prisoners.

CJI Bobde said that video conferencing will be used to hear urgent matters and televisions are installed for the media to dissuade from entering the court rooms. The lawyers’ body Supreme Court Advocate on Record Association (SCOARA) said that the members will not be appearing in the Court till April 4.

In view of the Covid 19 pandemic, lawyers bodies SCBA, SCAORA requested CJI Bobde to declare holidays for next 2 to 4 weeks by advancing the summer vacation. SCBA, SCAORA recommended that lost working days will be compensated by reducing the length of the summer vacation.

Limitation period is the period set by statute, in which a legal action can brought or a right is enforced. It may also prohibit, for instance, any legal entity or individual from bringing an action for breach of contract after one year of Breach occurred.

Edited by Pragash Boopal

Approved & Published – Sakshi Raje

Potineni Ratna Sekhar
My name is Potineni Ratna Sekhar and I am pursuing L.L.B. (2016 to 2019) from Indira Priyadarshini Law College, Ongole, and Affiliated to Nagarjuna University in Andhra Pradesh. I completed M.Tech from JNU, New Delhi (1998 to 2000) and completed B.Tech from Andhra University (1994 to 1998). Overall 15 years of experience in Information Technology (Worked at Infosys Technologies, HSBC and Covansys), worked as Associate Professor at JNTU Hyderabad. I completed Certification Course such as Cyber Law Course at Indian Law Institute, New Delhi. I completed the Certification Course on Intellectual Property Law at FICCI New Delhi. My Foreign experience at Dell Computers, Bracknell City in the UK. Interested in law learning and My Interests include Human Rights, Taxation Law, Banking, Civil Law, Criminal Law, etc. I am interested in research laws and communicate with Supreme Court & High Court in the matter and publish online articles. I dealt grievances of citizen issues by way of filing PIL’s at Supreme Court and High Court. Written Articles to empower Women and low sections of society. My lifestyle of Kriya Yoga Meditation and spreading values of Yoga & Meditation at different sections of society. My Interests include playing Chess and won a few state-level chess tournaments.