Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Ex parte decree passed on 11.09.2002 - Defendant has knowledge of ex parte decree from the date when he preferred objections against publication in newspaper on 24.01.2009 - However, there is no explanation for delay from 24.01.2009 till..........
Arbitration and Conciliation Act, 1996, Section 11, Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation to file application u/s 11 of the Act for appointment of Arbitrator starts to run, if arbitrator is not appointed within 30 days of request to appoint arbitrator - Once limitation starts to run, any final rejection of request to appoint arbitrator..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5, Order 43, Rule 1(c) -- Composite application U.O.9.R.9 & S.151 CPC and S.5 Limitation Act - Rejection of said application - Appellate Court held that order passed amount to an order passed U.O.43.R.1(c) CPC and appeal thereagainst is maintainable - There is no order on merits of the..........
Arbitration and Conciliation Act, 1996, Section 11, 8 -- Appointment of arbitrator - Limitation which concerns admissibility of claim, must be decided by arbitral Tribunal either as a preliminary issue or at the final stage after evidence is led by parties...........
Arbitration and Conciliation Act, 1996, Section 11, 8, Limitation Act, 1963, Article 137 -- Appointment of Arbitrator - Limitation for filing an application for appointment of Arbitrator - Limitation is governed by Art.137 Limitation Act, which begin to run from the date when there is failure to appoint an arbitrator...........
Limitation Act, 1963, Section 14 -- Applicability of S.14 of the Act - Quasi judicial Tribunal - Provisions of S.14 of the Act would not be applicable strictly to proceedings before a quasi-judicial Tribunal - However, principles underlying the same would be applicable i.e. proper approach will have to be of advancing the cause of justice, rather than to abort the..........
Insolvency and Bankruptcy Code, 2016, Section 61(2), Limitation Act, 1963, Section 14 -- Appeal - Limitation - Exclusion of time u/s 14 of Limitation Act - Judgment of NCLT is dated 28.11.2019 - Appeal filed in on 18.2.2020 - However, immediately after order was passed by NCLT, appellant preferred writ petition before Division Bench of High Court on the ground that..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 4 -- Condonation of delay - Delay of more than 9 years in filing application for restoration of suit dismissed U.O.9.R.3 CPC - Plea of immobility of predecessor-in-interest due to paralytic attack - However, they were regularly visiting Courts upto 1999 - Medical certificates produced by petitioners..........
Limitation Act, 1963, Section 5, Family Courts Act, 1984, Section 19 -- Applicability of S.5 of Limitation Act to appeal u/s 19 of Family Courts Act - Provision of S.5 of the Act is applicable for condoning delay in filing appeal u/s 19 of Family Courts Act by virtue of S.29 of Limitation Act, as there is no specific bar of application of Limitation Act under provisions of..........
Limitation Act, 1963, Section 5, Family Courts Act, 1984, Section 19 -- Condonation of delay - Delay of 53 days in filing appeal u/s 19 of Family Courts Act - Delay occurred due to improper advice about limitation of filing appeal - Delay is not inordinate or intentional - Delay appears to have been caused due to bona fide reason - There is thus, sufficient explanation for..........
