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PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 5 -- Delay in filing objections to arbitration award - Condonation - Period of limitation cannot be extended even by invoking S.5 of the Limitation Act, 1963 - Provision of S.34(3) of the Act is very stringent in its nature and Court cannot extend the time even if appellant has a strong case..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Arbitration and Conciliation Act, 1996, Section 34, 37 -- Delay in filing objections to arbitrating award and delay of 385 days in filing appeal - Delay due to lapse on the part of the officials of the appellant - It is duty of court to protect public money from being squandered away by Corporation who are not looking after public interest seriously - Their officers..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 7, Rule 11, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34 -- Application U.O.7.R.11 CPC for rejection of plaint on the ground that jurisdiction of civil Court is barred u/s 34 of 2002 Act - Plea that civil suit is maintainable where the actions of the secured creditors are..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Section 34 -- Interest - If the agreed rate of interest in excessive, Court has ample power to reduce the same and to award interest at reasonable rate...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 17, 18, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34 -- Suit seeking declaration regarding maintainability of contract - Objection that suit was barred u/ss 17, 18 of the Act of 1993 and u/s 34 of Act of 2002 - Held, question to..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Section 34 -- Pendente lite and future interest - Grant of - Power of High Court - Held, payment of interest is in the discretion of Court - However, even if, the impugned judgment and decree is silent on this aspect High Court in exercise of judicial discretion is well within its right to grant such interest...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Arbitration and Conciliation Act, 1996, Section 34(3) -- `Three months' - Does not mean 90 days - It refers to the actual period of a calendar month - If the month is April, June, September or November, the period of the month will be 30 days and in case of January, March, May, July, August, October or December, the period of the month will be thirty one days - If the..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Arbitration and Conciliation Act, 1996, Section 34(3) -- Legislature has used the word `Three months' and the proviso uses the words `thirty days' - Held, legislature did not intend that the period of three months used in sub-section (3) be equated to 90 days, nor intended that the period of thirty days to be taken as a month...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Limitation Act, 1963, Section 12, General Clauses Act, 1897, Section 9, Arbitration and Conciliation Act, 1996, Section 34 -- Limitation - Commencement - The day from which period is to be reckoned, has to be excluded - S.9 of General Clauses Act, 1897, provides that in any Central Act, when the word `from' is used it refers to commencement of time, the first of the days..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Arbitration and Conciliation Act, 1996, Section 34(3), 31(3) -- Arbitration award - Deliver/deposited/left in the office of a party on a non working day - Such physical delivery is not the date of `receipt' of award by that party - Fact that the beldar or a watchman was present on a holiday or non-working day and had received the copy of the award cannot be considered as..........

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