Arbitration and Conciliation Act, 1996, Section 37, Limitation Act, 1963, Section 5, Article 116 -- Arbitration award - Petition u/s 34 dismissed - In preferring appeal, delay of 189 days from 90 days given under Art.116 of Limitation Act - In the period of 90 days grace period of 30 days by following Lachmeshwar Prasad Shukul case - Present delay beyond 120 days cannot be..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 21A -- Application u/s 11 of the Act - Plea of limitation - Once consent has been given by petitioners before Court that they would not mind if matter is decided again to decide issue as to whether judgment and decree was obtained by fraud or collusion..........
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, Article 136, Civil Procedure Code, 1908, Order 21 -- Limitation - Condonation of delay - Execution - Factum of filing an application u/s 5 of Limitation Act for condonation of delay is an admission on part of petitioners that Execution petition filed by them was barred by limitation...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 12 days in filing criminal appeal by State - Public prosecutor was busy in other Government works due to which appeal could not be filed beyond 12 days from limitation period - There was thus, sufficient ground for condonation of delay - Delay rightly condoned...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Protection of S.53-A of the Act - Dismissal of suit for specific performance - (i) When certain things were to be performed by plaintiff and suit for specific performance was dismissed due to non performance of that part of contract or bar of limitation, then protection of S.53-A of the Act is not available..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for cancellation of registered sale deed and for declaration and permanent injunction - Plaintiff challenging decree passed in earlier suit and also registered sale deed - Admittedly, plaintiff was party to earlier suit, thus, he has knowledge of passing of decree and..........
Arbitration and Conciliation Act, 1996, Section 16, 11 -- Issue of limitation - It is a jurisdictional issue, which would be required to be decided by arbitrator u/s 16 of the Act and not High Court at pre-reference stage u/s 11 of the Act...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Issue of limitation raised to oppose appointment of arbitrator - Said issue being jurisdictional issue cannot be decided by High Court at pre-reference stage u/s 11 of the Act - Issue of limitation be decided by arbitral Tribunal - Former Judge of Supreme Court thus, appointed as Sole..........
Limitation Act, 1963, Article 76 -- Malicious prosecution - Suit for damages - Limitation - Period of limitation is prescribed as one year when plaintiff is acquitted or the prosecution is otherwise terminated...........
