Insolvency and Bankruptcy Code, 2016, Section 9, 62 -- Barred by limitation - There existed a `pre-existing dispute' between the parties there cannot be an order of remand of the matter to the Tribunal for reconsideration of Section 9 application under IBC - When the matter was remanded for consideration of the question of limitation afresh - Thus, the dismissal of the..........
Insolvency and Bankruptcy Code, 2016, Section 9, 62 -- Barred by limitation - There existed a `pre-existing dispute' between the parties there cannot be an order of remand of the matter to the Tribunal for reconsideration of Section 9 application under IBC - When the matter was remanded for consideration of the question of limitation afresh - Thus, the dismissal of the..........
Arbitration and Conciliation Act, 1996, Section 37, Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay - Once an appeal is found to be barred by limitation, there can be no question of any obligation of Court to consider the merits of case of appellant...........
Civil Procedure Code, 1908, Section 100, Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13(1)(a)(h), (j), 2(2) -- Second appeal - Eviction petition - It is apparent that out of three grounds of eviction found concurrently by two Courts below based on decree of eviction has been passed - While appellant has no questioned correctness of two grounds i.e...........
Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Section 5, 14 -- Recovery of amount due - Condonation of delay - Court receiver was permitted to sell property - Application U.O.21.R.90 CPC set aside - S.5 of Limitation Act which deals with extension of time or condonation of delay is not applicable to proceedings U.O.21.R.90 CPC - Therefore, delay, if..........
Limitation Act, 1963, Section 5, Article 136, Civil Procedure Code, 1908, Order 21 -- Limitation - Condonation of delay - Execution - Filing of appeal or second appeal would not condone delay to restrict period of limitation for purpose of filing an Execution petition until or unless, execution of judgment and decree under challenge stood expressly stayed by Appellate..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 222 days in filing the appeal - Plea of appellant that due to poverty she could not arrange for fee to engage counsel - Ex facie explanation sought to be tendered lacks bonfides as applicant being fully conscious of her rights and/or for redressal of her grievance had engaged a counsel and filed present..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 65 -- Second appeal - Suit for declaration of title - Plea of adverse possession - Plaintiff alleges that he is in possession for last 30 years i.e. since the year 1947 for which cause of action had arisen in year 1977 however, suit was filed in year 2015,..........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 19 -- Second appeal - Maintainability - First appeal dismissed in default - Prayer for re-admission of appeal along with application for condonation of delay, rejected as the same was barred by limitation - If application seeking condonation of delay is rejected, then such decision cannot be appealable - Only remedy..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - Barred by limitation - As per plaintiff exchange effected by co-sharer behind plaintiffs back - However, revenue entries in jamabandi brought on record shows that mutation was effected long time back in year 1958 in joint khewat - Even, fact of exchange was well in knowledge of all parties..........
