Supreme Court of India
Digital Supreme Court Reports
The Official Law Report Fortnightly ISSN: 3048-4839 (Online)
Home
Full Text

M.P. STEEL CORPORATION vs. COMMISSIONER OF CENTRAL EXCISE

SCR Citation: [2015] 7 S.C.R. 291
Year/Volume: 2015/ Volume 7
Date of Judgment: 23 April 2015
Petitioner: M.P. STEEL CORPORATION
Disposal Nature: Appeal Allowed
Neutral Citation: 2015 INSC 346
Judgment Delivered by: Hon'ble Mr. Justice R.F. Nariman
Respondent: COMMISSIONER OF CENTRAL EXCISE
Case Type: CIVIL APPEAL /4367/2004
Order/Judgment: Judgment
1. Headnote

Limitation Act, 1963 - s. 14 -Applicability and scope of - To the proceedings before Tribunal - Held: s. 14 is applicable to the suits, appeals and applications filed beforethe Court and not before quasi-judicial bodies - However,even wheres. 14 may not apply, the principles on which s. 14 is based i.e. the principles which advance the cause of justice, would nevertheless apply- The principle of s.14 would, therefore, apply to exclude time taken in prosecuting proceedings which are bonafide and pursued with due diligence - Even prior to the institution of a particular proceeding, time taken in steps taken for prosecuting such proceedings should a/so be excluded- In the present case,limitation as provided uls. 128 of Customs Act being not a complete code by itself, the prnciples contained in s. 14 would apply- In the facts of the case, the period of pursuing remedy by the appellant before the wrong forum, ought to be excluded - Matter remanded to the Commissioner(Appeals) - Customs Act, 1962 - s. 128.Customs Act, 1962 - s. 128 - Limitation period under-Whether pre-amendment or post-amendment in 2001,applicable in the facts of the present'case - Held: Periods of limitation are procedural in nature and would ordinarily be applied retrospectively- In the facts of the case, limitation period, as provided under pre-amended s. 128, would apply.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Limitation Act
  • 1963 - s. 14 -Applicability and scope of
5. Equivalent citation
    Citation(s) 2015 (7) SCC 58 = 2015 (7) Suppl. SCC 58 = 2015 (8) JT 413 = 2015 (8) Suppl. JT 413 = 2015 (5) SCALE 505