Topic

Section 38

4 articlesLatest September 2026
Section 38(2)(a) CPA 2019 | 15-Day Extension for Written Statement Not Automatic; Requires Particularised Sufficient Cause : Delhi SCDRC
Case Law Analysis

Section 38(2)(a) CPA 2019 | 15-Day Extension for Written Statement Not Automatic; Requires Particularised Sufficient Cause : Delhi SCDRC

The Commission ruled that internal administrative delays and summer vacations do not constitute sufficient cause for condonation of delay in filing a written statement. The 15-day extension under Section 38(2)(a) is discretionary, requiring specific, substantiated justification, not a routine entitlement. This raises the bar for opposite parties seeking late filing in consumer disputes.

Section 38(3)(a) CPA 2019 - Written version must be filed within 30 days (15-day extension allowed) or revision fails | Revision petition dismissed : SCDRC WB

Section 38(3)(a) CPA 2019 - Written version must be filed within 30 days (15-day extension allowed) or revision fails | Revision petition dismissed : SCDRC WB

The West Bengal State Consumer Disputes Redressal Commission affirmed that a written version under the Consumer Protection Act, 2019 must be submitted within the statutory 30-day period, with only a discretionary 15-day extension permissible. Non-compliance led to dismissal of Union Bank of India's revision petition, highlighting strict deadline adherence for all parties.

Section 528 BNSS - SC strikes absolute police-custody time limit, permits interrogation outside prison and narrows advocate presence : SC
Case Law Analysis
|Supreme Court of India

Section 528 BNSS - SC strikes absolute police-custody time limit, permits interrogation outside prison and narrows advocate presence : SC

The Supreme Court ruled that the statutory absolute limit on police-custody duration under the BNSS is invalid, allowing police to question accused persons outside prison premises. However, the right of an accused to have an advocate present is confined to narrowly defined situations, reshaping investigative practice nationwide.

Section 38 Karnataka Court Fees Act | Non-Executants Exempt from Ad Valorem Fees in Declaration Suits: Karnataka HC
Case Law Analysis
|Karnataka High Court

Section 38 Karnataka Court Fees Act | Non-Executants Exempt from Ad Valorem Fees in Declaration Suits: Karnataka HC

The Karnataka High Court ruled that plaintiffs who are not executants of a sale deed are not liable to pay ad valorem court fees under Section 38 of the Karnataka Court Fees Act for seeking a declaration of nullity. This decision reinforces the distinction between cancellation and declaration suits, impacting litigants in property disputes.