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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.
A quick legal roundup to cover important stories from all High Courts this week.
“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.”
A quick legal roundup to cover important stories from all High Courts this week.
A quick legal roundup to cover important stories from all High Courts this week.
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.
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.”
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.
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.
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.
“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.”
“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.”
by Justice (Retd.) Hemant Gupta*
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.
Bombay High Court directed the acid attack victims to make an appropriate application within a period of four weeks from the date of this judgment.
Calcutta High Court stated that the petitioner justified the considerable delay in filing the writ petition by asserting that there is no statutory period of limitation, and neither party has suffered due to this delay.
Supreme Court, while allowing the present petition, appointed Justice Sanjay Kishan Kaul, Former Judge of the Supreme Court of India, to act as the sole arbitrator.
“A person claiming adverse possession should show, as to on what date he got the possession; the nature of his possession; whether the factum of possession was known to the other party; how long his possession has continued; and that his possession was open and undisturbed.”
Calcutta High Court held that issue of limitation being a question of fact ought to have been raised before trial court and evidence ought to have been adduced.
As per an additional affidavit submitted, the CBDT has provided the way, in the past and future, pending appeals are to be dealt with and disposed of expeditiously as well as a road map to dispose of pending appeals.