Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1788 days in filing second appeal - Sufficient cause - Inordinate delay was not explained satisfactorily - No sufficient cause was shown for the same, and even no plausible reason was put forth by State - Application rejected...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Directions issued to State to streamline the machinery touching the legal issues, offering legal opinion, filing of cases before Tribunal/Courts, etc., fix the responsibility on the officers concerned, and penalize the officers, who is/are responsible for delay, deviation, lapses, etc., if any, to the value of loss..........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Arbitral award - Extension of time for making of award - COVID pandemic had commenced even before the expiry of permissible time of 12 months for seeking extension, from the completion of pleadings - Court excluded the period between 15.03.2020 to 28.02.2023 in view of Re: Cognizance for Extension of Limitation case..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Mere fact that lawyer was careless or negligent, that by itself cannot be a ground to condone long and inordinate delay, as litigant owes a duty to be vigilant of his own rights and is expected to be equally vigilant about the judicial proceedings pending in the Court initiated at his instance...........
Arbitration and Conciliation Act, 1996, Section 34, 37, Limitation Act, 1963, Section 14 -- Arbitral award - Objections - Exclusion of time u/s 14 of Limitation Act - S.14 of Limitation Act is applicable to proceedings u/ss 34 & 37 of Arbitration Act...........
Agreement to sell -- Suit for specific performance - Limitation - As per agreement time not fixed for execution of sale agreement - Limitation is thus governed by second part of Art.54 of Limitation Act - Limitation of three years starts to run when plaintiff has notice that performance has been refused...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - While determining the issue of limitation in the exercise of powers u/s 11(6) of the Act, referral Court must only conduct a limited enquiry for the purpose of examining whether S.11(6) application has been filed within limitation period of three years or not - At this stage, it would not..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Time limit is fixed to perform part of contract by 12.12.1979 - However, no notice issued by plaintiff to defendant by expressing his readiness and willingness on or before 12.12.1979 - Admittedly, notice issued on 18.10.1982 - No evidence that defendant received said notice whatsoever..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Partition suit - Plaintiff and defendant are siblings and delay is only 92 days - One opportunity be given to plaintiff in the interest of justice to put forth her case on imposition of terms and cost - Suit restored subject to..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Length of delay is not a material factor for deciding an application u/s 5 of the Act...........
