Limitation Act, 1963, Section 5 -- Condonation of delay - Person of 73 years of age - Plight of aged person cannot be ignored while considering S.5 of Limitation Act application...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 401 days - Defendant was aged about 73 years and suffered from jaundice - Reasoning put forth by defendant is within contour of definition "sufficient cause" - However, due to delay, plaintiffs would have definitely suffered..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of sale deed - Ownership of suit property was already with defendant nos. 3 & 4 who claims to be bonafide purchasers at the time of filing of suit - Limitation to file suit expired - Defendant nos. 3 & 4 being bona fide purchasers cannot be put to loss or made to suffer because of lapses in functioning..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 52 days in filing appeal - When parties are litigating with regard to right over immovable properties, substantial rights were to be decide between parties - Delay could have been condoned and appeal could have been decided on merits - Impugned orders of appellate Court and High Court set aside - Delay..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 52 days in filing appeal - When parties are litigating with regard to right over immovable properties, substantial rights were to be decide between parties - Delay could have been condoned and appeal could have been decided on merits - Impugned orders of appellate Court and High Court set aside - Delay..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Reading plaint in its entirety reveal that suit is barred by limitation even without considering case of defence - Order rejecting plaint, upheld...........
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - An application u/s 11 of Act of 1996 is governed by Article 137 of Limitation Act and must be made within three years from the date when the right to apply first accrues...........
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - Continuation of negotiations - Mere negotiations will not postpone "cause of action" for the purpose of limitation...........
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - Petition u/s 11(6) of the Act for seeking appointment of Arbitral Tribunal is required to be filed before High Court or Supreme Court, as the case may be and it is Art.137 of Limitation Act which would apply - Said period would begin to run..........
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - Claim for arbitration must be raised as soon as the cause for arbitration arises - Cause of arbitration arises when the claimant becomes entitled to raise the question, that is, when the claimant acquires right to require arbitration...........