Rajasthan High Court: Appellate power under Section 37 confined to domain of Section 34 of Arbitration Act
“The scope of the intervention of the court in arbitral matters is virtually prohibited, if not absolutely barred.”
limitation
‘Condonation of delay under Bihar Public Works Contracts Disputes Arbitration Act governed by Limitation Act or Arbitration and Conciliation Act?’: Patna HC refers matter to larger bench
“As there is conflicting view upon the same by co-ordinate benches, in such circumstances this Court is of the view that the issue should be examined by a larger bench.”
Cases Reported in ITR | Latest Cases on Income Tax Laws
Explore the latest cases reported in SCC’s Income Tax Reports (ITR) Volume on Exemptions, Revision, Deductions, Limitation, Appeal, Reassessment, Legacy Dispute Resolution, Faceless assessment and much more.
Cases Reported in GSTR | Latest Cases on Goods & Service Tax Reports
Explore the latest cases reported in HCC’s Goods & Service Tax Reports (GSTR) Volume on Exemption, refund, CENVAT Credit, Appeal, Interest, Limitation, unjust enrichment and much more.
Limitation Act is not applicable to conciliation proceedings under Section 18(2) of the MSMED Act: Supreme Court
“Time-barred claims must not be excluded from conciliation under the MSMED Act. The statute of limitation only bars the remedy but does not extinguish the underlying right”.
Cases Reported in GSTR | Latest Cases on Goods & Service Tax Reports
Explore the latest cases reported in SCC’s Goods & Service Tax Reports (GSTR) Volume on Exemption, Duty drawback, CENVAT Credit, Exim Policy, Assessment, Limitation, Input Tax Credit and much more.
MP High Court calls for report on Legal Aid provided to undertrials/convicts in filing Bail applications, appeals & revisions
In the instant matter, appellant was a poor person having no source of earning and there was no one in the immediate family to take care which caused delay in filing the appeal.
HIGH COURT FEBRUARY 2025 WEEKLY ROUNDUP | Stories on Masaba’s Trade Mark; Sidhu Moosewala’s Murder; Amandeep Singh Batra’s petition; Human Sacrifice; and more
A quick legal roundup to cover important stories from all High Courts this week.
‘Novel plea of non-receipt of signed award copy cannot be raised in appeal’; Gujarat HC rejects NHAI’s appeals against dismissal of S. 34 applications due to delay
“A novel plea has been taken for the first time without any substantial basis on the factual aspects about the non-delivery of the copy of the award by the Arbitrator to the NHAI, in the present appeal, which cannot be appreciated within the limited scope of Section 37.”
HIGH COURT FEBRUARY 2025 WEEKLY ROUNDUP | Stories on Marital Rape; Peter England’s Trade mark; Maggie; MP Abdul Rashid’s parole; and more
A quick legal roundup to cover important stories from all High Courts this week.
HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Khadi’s Device Mark; Police Protection for Live-In Couples; Wonderchef’s Reputation; and more
A quick legal roundup to cover important stories from all High Courts this week.
MP High Court orders status quo on Nawab of Bhopal’s Property declared as ‘Enemy Property’; directs Pataudi family to approach appellant authority
The controversy stems from the government’s declaration of the Nawab of Bhopal’s properties as enemy property as the Nawab’s elder daughter, Princess Abida Sultan, moved to Pakistan in 1950.
Under Section 11(6) A&C Act, Referral Court must limit its enquiry to the question of limitation period only: SC
Referral courts, at the stage of deciding an application for appointment of arbitrator, must not conduct an intricate evidentiary enquiry into the question whether the claims raised by the applicant are time barred.”
Doctrine of lis pendens commences at the stage of “institution” of suit and not at the stage when notice is issued: SC
The Court recalled a previous judgment dated 25-8-2022 on the ground that the errors apparent on the face of the record in that decision went to the root of the reasoning on both the issues of limitation and specific performance.
Can a stranger to a suit, dispossessed of immovable property by decree-holder, seek redelivery? Supreme Court answers
Order XXI Rule 99, CPC is lucid that where any person other than the judgment debtor is dispossessed of immovable property by the holder of a decree for the possession of such property, he may make an application to the Court complaining of such dispossession.
Or. 14 R. 2 of CPC does not confer jurisdiction on the Court to decide a mixed question of fact and law, unless the facts are clear from the plaint itself: Sikkim HC
The Court decided under the aegis of Or.14, R.2 of the CPC that where a question of law is dependent on the determination of a question of fact, then such question of fact cannot be decided as a preliminary issue by the Trial Court.
“Within 30 days’’ starts from date when result is announced by returning officer: Allahabad HC clarifies law related to limitation for election petition
“Election law should be interpreted strictly, particularly, with regard to the prescribed period of limitation for the purposes of entertaining the election petition inasmuch as there is no provision qua applicability of the Limitation Act.”
Can the issue of limitation be decided in a petition under Section 11 of the Arbitration Act? Delhi High Court answers
“The Court’s jurisdiction at the pre-reference stage is only to determine the prime facie existence of an arbitration agreement and the final adjudication, even on the question of limitation, is to be left to the arbitral tribunal, being the parties’ chosen forum.”
Time to Fill the Legislative Vacuum for Limitation Under the Arbitration and Conciliation Act, 1996
by Justice (Retd.) Hemant Gupta*
SC clears Chairman & Secretary of Sunshine Educational and Development Society of cheating and conspiracy in false information for AICTE approval case
Supreme Court said that AICTE itself never claimed that it was dishonestly induced to grant such approvals and that essential link is altogether missing, whereby any such criminal charge of cheating can be sustained against the accused persons.