Time to Fill the Legislative Vacuum for Limitation Under the Arbitration and Conciliation Act, 1996
by Justice (Retd.) Hemant Gupta*
limitation
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.
Bombay HC allows acid attack victims to seek compensation beyond limitation period provided in Maharashtra Victim Compensation Scheme
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 directs payment of interest on revised gratuity in spite delay as such relief doesn’t affect third parties’ right
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.
‘3 years is a long period for filing application for appointing arbitrator’; SC suggests Parliament to bring amendment prescribing specific limitation period
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.
Inside Supreme Court’s decision on principles of Adverse Possession and Limitation in property disputes
“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 upholds Appellate Court’s order on pre-emption rights and limitation
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.
Delhi High Court dismisses PIL seeking to formulate a policy for expeditious disposal of appeals within time limit under Section 250(6A) of IT Act 1961
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.
COVID-19 Limitation Period Suspension included outer limit of period to condone delay: Supreme Court
The appellants mainly averred that the further period of 90 days had not expired on the date of imposition of lockdown as on 23-03-2020.
Madhya Pradesh High Court allows fresh adjudication on limitation issue in Arbitration appeal
Madhya Pradesh High Court held that the Trial Court failed to properly adjudicate the issue related to calculation of limitation period.
Explained| SAT order directing SEBI to refund Rs. 25 crore penalty deposited by Reliance for violating SAST Regulations
There is no such thing under the SAST Regulations that acquisition and holding of shares without making a public announcement is a violation.
Does Section 14(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 completely bar institution of suit within 5 years? SC answers
Supreme Court held that not putting a quietus to the prolonged dispute at hand, spanning 38 years, on something as simple as tenancy issue, would be a travesty of justice.
[SANGEETHA v NEW SANGEETHA] Exception of bona fide use of name as trade mark does not extend to the name of spouse: Madras High Court grants permanent injunction
Madras High Court has also granted the plaintiff a decree for permanent injunction restraining the defendant from committing passing off of its restaurant business by using deceptively similar trade mark.
[Condonation of Delay] Filing of claim under wrong category is not substantial ground for condoning delay: NCLAT
The NCLAT rejected an application seeking Condonation of Delay of 49 days (about 1 and a half months) on the ground of want of sufficient cause.
Can assessee take total contract value and remit service tax on value as ‘works contract service’? Supreme Court answers
As the service tax needs to be computed in terms of Rule 2A of the Service Tax (Determination of Value) Rules, 2006 and as the assessee has not opted for the composition scheme, the matter is remitted back to the CESTAT for re-computation of the demands.
Can time limit for filing written statement be extended? Calcutta High Court explains
The Calcutta High Court observed that “conduct of the defendant is also to be looked into” and accepted the written statement of the defendant.
Seeking appointment of Arbitrator beyond three years is barred by limitation: Supreme Court reiterates
Supreme Court said that whether any particular facts constitute a cause of action has to be determined with reference to the facts of each case and with reference to the substance, rather than the form of the action. If an infringement of a right happens at a particular time, the whole cause of action will be said to have arisen then and there.
Section 15 of HMA does not make any distinction between a contested decree and an ex parte decree; Delhi High Court upholds second marriage of husband
Delhi High Court observed that an ex parte decree of divorce also it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within the period of limitation.
Meghalaya High Court| Governor has residuary power to carve out authority already conferred under 6th Schedule and vest the same in some other Court or officer
Meghalaya High Court said that there is no limitation on the powers of the Governor in conferring a part of the authority pertaining to the Penal Code or some special law, to a particular Court or officer appointed in that behalf.
Specific Relief| Supreme Court shows dismay over Trial Court & Telagana HC’s orders allowing “hopelessly delayed” application seeking extension of time filed after 853 days; sets aside order
The Supreme Court was unimpressed with the explanation given by the plaintiff for the delay of 853 days that he initially fell sick with Jaundice and was later confined to house with High Blood Pressure, Diabetes and other diseases. The petition had extension of time to deposit the balance sale consideration of Rs. 15,00,000/-.