Insolvency and Bankruptcy Code, 2016, Section 61 -- Appeal - Limitation - Commencement - Incident which triggers limitation to commence is date of pronouncement of order and in case of non-pronouncement of order when the hearing concludes, date on which order is pronounced or uploaded on website - However, where judgment was pronounced in open Court, period of limitation..........
Insolvency and Bankruptcy Code, 2016, Section 61(2) -- Appeal - Delay in filing appeal - Condonation of delay - Certified copy of orders passed by NCLT not applied - Second appeal, on this score alone is to be dismissed as there is no question of moving an application for condonation of delay when no application for obtaining a certified copy of order has been filed -..........
Hindu Marriage Act, 1955, Section 14 -- Divorce - Petition for divorce filed within two months of marriage - Neither separate prayer for grant of leave u/s 14 of the Act was made nor other party raised any objection on that ground - Petition was contested on merits and evidence was led - Objection not raised until the commencement of final arguments - Parties residing..........
Arbitration and Conciliation Act, 1996, Section 34(3), Limitation Act, 1963, Section 12 -- Arbitral award - Setting aside - Limitation - S.12 of Limitation Act applies while calculating limitation period u/s 34(3) of A&C Act...........
Arbitration and Conciliation Act, 1996, Section 34(3), Limitation Act, 1963, Section 12 -- Arbitral award - Setting aside - Reckoning of period of limitation - While calculating limitation period of 3 months u/s 34(3) of Arbitration Act, day on which respondent received a signed copy of award must be excluded as per S.12(1) of Limitation Act - Since 3 months time expires..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 7(3), Limitation Act, 1963, Section 18 -- Applicability - Licence - Question raised that in reply to the show cause notice under section 7(3) of the PP Act, no objection regarding the plea of limitation had been taken - The lessor as such would be entitled to the benefit of extension of limitation..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Partition suit - Partition took place way back in the year 1968 as is evident from revenue record entries - Suit filed after a period of 55 years in the year 2023 - Many of family members had executed registered sale deeds in the year 1978 - Suit filed by plaintiffs was a..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal against ex parte divorce decree - Nothing on record to show that wife had left her permanent address at any point of time - It cannot be said that wife had no communication with her permanent address and never came to her permanent address, as disclosed in the cause title of appeal, during the..........
Limitation Act, 1963, Article 65 -- Limitation - Partition suit - Limitation commences from the date of exclusion or from date on which possession becomes adverse - Fact of exclusion and possession becoming hostile has to be pleaded and properly proved - Defendants have miserably failed to plead ouster or possession becoming adverse, in that view of the matter point for..........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- Substitution of Legal heir - Death of plaintiff - Application for substitution filed after delay of 3 years from the date of death of plaintiff - However, since legal heir was impleaded only for the purposes of continuation of suit, application not barred by limitation and suit would not abate - Application rightly..........
