Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Principles guiding the exercise of power u/s 28 of the Act are : (i) decree for specific performance of a contract is in the nature of a preliminary decree and therefore, till deed is executed pursuant to decree, Court that passed the decree is vested with jurisdiction to either rescind the..........
Arbitration and Conciliation Act, 1996, Section 11, 42 -- Appointment of arbitration - Limitation - Petitioner despite the work being concluded on 2000 did not attempt to raise a bill or initiate arbitration proceedings till 2022, when a notice requiring commencement of arbitration proceedings was first issued - High Court erred insofar as finding failure on the part of..........
Limitation Act, 1963, Section 136 -- Execution - Limitation - Starting point of limitation - Appeal filed against decree dismissed in default - It still gives rise to a fresh starting point of limitation for execution of decree even if such dismissal is for reason of non prosecution...........
Limitation Act, 1963, Section 5 -- Scope - Power u/s 5 Limitation Act can be exercised by Court and not by other authorities...........
Limitation Act, 1963, Section 5 -- Applicability of S.5 of the Act to Registration Act - Office of Registrar, Additional Registrar or Sub Registrar may not be treated as a Court - Accordingly provision contained in S.5 of the Act shall not be applicable in a proceeding under Registration Act...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Officials concerned dealing with files were completely indolent and sat over matter without doing anything - No cause much less sufficient cause has been shown - Period of limitation is required to be explained by State and it does not stand on any exalted position - Application rejected...........
Civil Procedure Code, 1908, Order 21, Rule 32, Limitation Act, 1963, Article 135 -- Execution - Decree for mandatory injunction - Limitation for enforcement of decree granting mandatory injunction is three years commencing from date of decree or where a date is fixed for performance, such date...........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Application u/s 7 of the Act - Limitation - Date of default assumes importance because it is the factor which determines whether the application u/s 7(1) of the Act is within limitation or not...........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Application u/s 7 of the Act - Limitation - How a bank classifies its debt for managing its balance sheet is not a factor determining starting point of limitation more so, when debt is restructured and is acknowledged in fresh working capital consortium agreements entered for availing credit facilities - What is relevant..........
Limitation Act, 1963, Section 18 -- Acknowledgment of debt - Acknowledgment of debt must be made within subsisting period of limitation...........
