Section 14 Archives

Calcutta High Court sets aside nomination of Waqf Board member under Section 14(1)(d) of Waqf Act, 1995; calls for fresh appointment

Calcutta High Court allowed the writ petition, emphasising the importance of following legal provisions in appointments to public offices and maintaining the integrity of the Waqf Board.

Case Briefs High Courts

‘Complete lack of due diligence in prosecution as petition u/s 34 of A&C Act, 1996 dismissed twice’; Delhi HC dismisses application filed for availing benefit u/s 14 of Limitation Act

“In the context of Section 14 of Limitation Act, 1963, what needs to be seen is whether appellant has brought on the record any evidence to show that he is prosecuting the previously instituted suit with due diligence.”

Case Briefs High Courts

No bar in law for a secured creditor to directly proceed u/s 14 of SARFAESI Act after withdrawing measures taken u/s 13(4): Delhi High Court

“The scope of writ jurisdiction cannot be allowed to trounce the statutory obligation, on the stratagem of efficacious alternate remedy.”

Cases Reported Never Reported Judgments

Never Reported Judgment| Supreme Court on Valuation of Fee/Perquisites vis-à-vis exclusion of time under Section 14 or 15 of the Limitation Act [1950 SCC 1034]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1950 on Hyderabad Limitation Act, 1322 Fasli and Sections 14 and 15 of the Limitation Act, 1908.

Case Briefs High Courts

Delhi High Court refuses to grant relief in a contract being determinable in nature and hence, not enforceable

Delhi High Court observed that that the Sole Arbitrator was well within its jurisdiction to declare the Agreement dated 23-03-2001 as determinable agreement in view of the statement of claim of the respondent and Terms of the said Agreement.

Case Briefs High Courts

Calcutta High Court | Illegal procedure for appointment of Arbitrator does not render Arbitration agreement illegal in toto; Guiding Principles for Appointment of Arbitrator reiterated

Calcutta High Court: In a petition challenging the appointment of sole Arbitrator by the respondent, Shekhar B. Saraf, J., held

Case Briefs High Courts

Bombay High Court| S. 14 of SARFAESI Act empowers the Designated Authority only to assist secured creditors in taking possession of secured assets and nothing more

Bombay High Court: While deciding the instantwrit petition wherein the issue was regarding transgression of Additional District Magistrate’s jurisdiction under Section 14

Case Briefs Foreign Courts

Private use of cannabis declared as matter of right to privacy under Section 14 of the Constitution of Republic of South Africa

Constitutional Court of South Africa: A 10-Judge Bench comprising of Zondo, ACJ., Cameron, Froneman, Jafta, Madlanga, Mhlantla, Theron, JJ., Kathree-Setiloane, Kollapen, Zondi,