Punjab Co-operative Societies Act, 1961, Section 68, Limitation Act, 1963, Section 5 -- Appeal - Delay of 491 days - Condonation of delay - Although there is delay in filing appeal and there is no provision for condonation of delay before appellate authority as well as revisional authority but as delay has been duly explained by petitioner in filing appeal with further..........
Civil Procedure Code, 1908, Order 9, Rule 13 - - Ex parte decree - Setting aside - Appeal against an ex-parte decree dismissed - No direction issued by Appellate Court directing plaintiff to avail remedy of an application U.O.9.R.13 CPC - Remedy of an application U.O.9.R.13 CPC is thus, clearly barred by O.9.R.13 Proviso CPC...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Nothing beyond pleadings of parties is to be considered in first or second appeal...........
Arbitration and Conciliation Act, 1996, Section 34, 37, Commercial Courts Act, 2015, Section 13(1), Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 10 -- Arbitration award setting aside - Rejection of plaint on ground of jurisdiction - There is no adjudication u/s.34 of Act, 1996 - Special Commercial Court allowed an application..........
Arbitration and Conciliation Act, 1996, Section 2, 14, 20, 31(4), 34, 37, 42 -- Arbitral proceedings - Juridical Seat - Place `D' is specifically designated to be seat of arbitration in arbitration clause between parties - Part of cause of action, however, arise in several place, including where contract is partially to be performed - Proceedings were finally held at place..........
Chhattisgarh Rent Control Act, 2011, Section 13(2) -- Appeal to Supreme Court - Constitution does not enable State legislature to enact law which provides for statutory appeals to Supreme Court - State legislature lacked legislative competence to enact S.13(2) of the Act - S.13(2) of the Act thus, declared ultra vires of Constitution and held, null and void and of no..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of more than 534 days in filing appeal against decree passed in Counter claim - Respondent has not approached Court with clean hands as he suppressed material facts, that too, deliberately and intentionally and thereby tried to gain an unfair advantage from the Court, that too, by casting serious allegations..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Every question of law may not be a substantial question of law and every mistake committed by subordinate Courts cannot be elevated to level of issues of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court allowed second appeal without answering any of substantial question of law - High Court even did not frame proper substantial questions of law - Impugned order of High Court set aside - Matter remanded back to High Court for a fresh disposal...........
Arbitration and Conciliation Act, 1996, Section 37, Limitation Act, 1963, Section 5, Article 116 -- Arbitration award - Petition u/s 34 dismissed - In preferring appeal, delay of 189 days from 90 days given under Art.116 of Limitation Act - In the period of 90 days grace period of 30 days by following Lachmeshwar Prasad Shukul case - Present delay beyond 120 days cannot be..........
