Arbitration and Conciliation Act, 1996, Section 2(1)(c), 34 -- Interim award - Disposal of issue of limitation finally between parties by arbitrator amounts an interim award within meaning of S.2(1)(c) of the Act and being subsumed within expression arbitral award - Said interim award can be challenged separately and independently u/s 34 of the Act...........
Limitation Act, 1963, Article 109, 59 -- Limitation - Alienation by father - Challenge by daughter - A member of family can challenge alienation by father within twelve years - It does not restrict that only a son can challenge alienation - Plea that son can challenge alienation within twelve years as per Article 109 and daughter has to challenge alienation within three..........
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 59 -- Amendment of plaint - Time barred relief - Cancellation or setting aside an instrument - Suit for declaration to be filed within three years of execution of said document or within three years of date of knowledge - Documents mentioned in written statement - Amendment not sought within three..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Issue of res judicata and limitation are required to be decided after evidence is led by parties - This is too early a stage or premature to reject plaint U.O.7.R.11(d) CPC on these grounds...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 468 -- Offence u/ss 498-A, 406 IPC - Limitation - Offence u/ss 498-A, 406 IPC carry a maximum sentence of 3 years - Starting point of limitation for such offences begins from the last act of cruelty alleged to have been committed by husband or his relatives on the wife...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 468, 482 -- Offence u/ss 498-A, 406 IPC - Wife turned out of matrimonial home in 2006 and complaint lodged in 2012 - As per S.468 Cr.P.C., complaint was barred by limitation - More so, Investigating Officer gave a negative final report detailing strong and cogent reasons for discarding the..........
Criminal Procedure Code, 1973, Section 372, 378, Limitation Act, 1963, Article 114 -- Appeal against acquittal - Limitation for preferring an appeal against order of acquittal by victim is 90 days in all cases, other than the cases instituted upon complaint and 60 days for any case instituted upon complaint against order of acquittal after High Court grants special leave..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay of 1825 days in filing appeal against ex parte decree - Defendant already exhausted remedy U.O.9.R.13 CPC - Appeal against ex parte decree filed after 5 years from dismissal of application U.O.9.R.13 CPC - Defendant can file an application U.O.9.R.13 CPC and a regular..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Re-presentation of plaint - Plaintiffs gave sufficient and valid reason for condoning delay in representation - Defendants admitted pendency of insolvency proceedings and suit filed by plaintiffs against them - Hence, reasons given by Court for rejecting contentions of plaintiffs is unjustified - Delay condoned -..........
Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 25 -- Condonation of delay - Delay in payment of amount - Recovery of debt as per settlement reached in Lok Adalat - Parties agreed that if amount not paid within time schedule than bank will be at liberty to recover entire amount due - However, if agreed amount..........
