Showing : 31-40 of 3809 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 23, Rule 1, 2-- Withdrawal of suit - In earlier lis between parties, High Court permitted to withdraw suit with liberty to file fresh suit on same cause of action - Limitation law is not affected by the first suit...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1963, Article 137, 62, Insolvency and Bankruptcy Code, 2016, Section 7, 0- - Application u/s 7 of I&B Code - Art.62 of Limitation Act would only apply to suits - Present case being an application filed u/s 7 of I&B Code, would fall only within residuary Art.137 of Limitation Act - Art.62 of Limitation Act thus, not applicable...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1963, Article 137, Insolvency and Bankruptcy Code, 2016, Section 7- - Limitation - Application u/s 7 of I&B Code - Right to sue accrued in and from 2011 - Limitation to file application is 3 years, as Art.137 of Limitation Act is applicable to case - Since three years having elapsed in 2014, application filed in 2017 is time barred...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with an option to repurchase - Plaintiffs mortgage their 2-1/2 acres of agricultural lands for credit purchase of daily necessities - Financial stringency of plaintiffs is apparent from their failure to repay anything even after execution of installment bond -..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 473-- Limitation - Magistrate after expiry of period of limitation cannot take cognizance especially in absence of explanation u/s 473 Cr.P.C...........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 468, 473, Indian Penal Code, 1860, Section 354, 506-- Limitation - Offence u/ss 354, 506 IPC - FIR registered after 14 years of incident and 11 years after period of expiration of limitation - Neither delay is properly explained nor there are reasons by Magistrate for condoning the same in the interests of justice - Mere fact that allegations against..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Contention that in application, there is no reference to number of days of delay which were sought to be condoned - Application for condonation of delay make specific reference with regard to date on which claim was required to be filed and date on which it was filed -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137-- Appointment of arbitrator - Limitation - Work contract - Cause of action in the case arose when final bill was handed over to respondent became due i.e on 8.2.1986 - Mere correspondence of appellant by way of writing letters/reminders subsequent to this date to respondent would not extend time of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(6), 43(3), Limitation Act, 1963, Section 5-- Appointment of arbitrator - Limitation - Extension of time u/s 43(3) of 1996 Act - Period during which parties were bona fide negotiating towards a amicable settlement may be excluded for purpose of computing period of limitation for reference to arbitrator - However, entire negotiable history..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(6), 43(3), Limitation Act, 1963, Section 5-- Appointment of arbitrator - Limitation - Extension of time - Appellant Company stated that it was involved in negotiation with respondent in 14 years preceding application before settlement committee - However, no evidence brought on record to show that they were required to proceed before..........

Showing : 31-40 of 3809 Results