Companies Act, 2013, Section 421(3) -- Condonation of delay in filing appeal - Appeal against order of National Company Law Tribunal (NCLT) - Period of limitation of 45 days prescribed in S.421(3) of the Act, would start running only from date on which a copy of order of Tribunal is made available to person aggrieved - However, appellants chose to apply for a certified..........
Specific Relief Act, 1963, Section 54, Limitation Act, 1963, Section 21 -- Substitution or addition of new defendant - Suit for specific performance - Transferee to whom subject matter of sale agreement or part thereof is transferred is a necessary party to suit for specific performance - However, by the time vendee filed an application to implead transferee, suit for..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration of ownership on the basis of Will - Plaintiff earlier filed a suit based on same Will in 2005, which was subsequently withdrawn - Present suit filed in the year 2014, based on same Will is thus, time barred...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Delay of 979 days in filing application for setting aside ex parte divorce decree - Wife was not properly served in the divorce petition - Acknowledgement card showing wife was served with some notice is not supported by an affidavit of service - Matter..........
Arbitration and Conciliation Act, 1996, Section 49, 48, 47 -- Enforcement of Foreign award - Limitation - Period of limitation or filing petition for enforcement of a foreign award u/ss 47, 49 of the Act, would be governed by Art.137 of the Act, which prescribes a period of 3 years from when right to apply accrues...........
Arbitration and Conciliation Act, 1996, Section 49, 48, 47 -- Enforcement of Foreign award - Applicability of provision of S.5 of Limitation Act - Application u/s 47 of the Act is not an application filed under any of provisions of O.21 CPC - Application is filed before appropriate High Court for enforcement, which would take recourse to provisions of O.21 CPC only for..........
Criminal trial -- Condonation of delay - Delay in filing appeal against conviction - Where life and liberty of a person is in question, one right of appeal has always been accepted and appropriate steps must be taken to effectuate that right - Considerations on account of delay and limitation ought not to negate right of appeal of accused...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for specific performance - Plaintiff specifically pleaded that period of 6 months for completion of transaction is contingent upon certain compliances and agreed period of 6 months is extended only because defendants sought for extension of time - Questions whether agreed..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - All conditions are satisfied for initiation of proceedings u/s 138 of the Act and it cannot be said that complaint filed is barred by limitation - Even, it is apparent from material on record a prima facie case is made out against..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession - Relief of recovery of possession denied by First Appellate Court but granted by High Court - Defendant pleaded that he was in complete possession of suit premises as owner with absolute rights ever since 1966 when his father had executed deed of release in his favour and for over..........
