Arbitration and Conciliation Act, 1996, Section 11(6), 46(1), Limitation Act, 1963, Article 55 -- Application u/s 11(6) of the Act - Limitation - Initiation of proceedings u/s 138 of the N.I Act are separate and independent proceedings from arbitration proceedings that arise from two separate causes of action - Therefore, institution of proceedings u/s 138 of N.I. Act does..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Limitation - Suit for specific performance - Question of limitation would be applicable only when sale deed is sought to be challenged and not when a party sought to be impleaded...........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 4 -- Application u/s 34 of the Act - Limitation - Period of limitation for filing a petition u/s 34 of the Act will have to be reckoned when appellants received the award - Three months provided by limitation expired a date before commencement of pooja vacation in Court which commenced on..........
Civil Procedure Code, 1908, Order 41, Rule 5(2) -- Scope - Stay of execution - Provision of O.41.R.5(2) CPC applies, if execution is filed within the limitation period for filing appeal against the trial court's decree...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Point of limitation is mixed question of law and fact, which is to be decided in the main suit - Plaint cannot be rejected...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 105 days in filing appeal - Counsel for appellant for whatever reason chose not to file and/or genuinely forgot to file the appeal - Litigant cannot be made to suffer on account of conduct/inaction of counsel - Moreover, once the inaction came to light, she has taken a stand, changed the counsel and has..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue of limitation is a mixed question of fact and law and same cannot be decided as a preliminary issue...........
Limitation Act, 1963, Section 5, Commercial Courts Act, 2015, Section 13 -- Condonation of delay - Commercial suit - S.5 of Limitation Act can be invoked and applied to condone the delay under the 2015 Act...........
Limitation Act, 1963, Section 5, Commercial Courts Act, 2015, Section 13 -- Condonation of delay - Delay of 156 days in filing commercial appeal - Sufficient cause is disclosed for delay in filing appeal - Delay condoned subject to payment of costs of Rs.10,000 to defendant...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Death of sole defendant - Substitution of LRs - Application for bringing on record LRs was filed within three months from the date of knowledge - Application is thus, within limitation - LRs of deceased ordered to be brought on record...........
