There can be no doubt, the principle which appears to have evolved over a period of time is, the law frowns upon determining a day with reference to its fractions. The principle, ‘fractions of the day’ are eschewed from consideration, is not a universal principle which knows no exceptions. Clearly the context and the purpose […]

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The Plea of Limitation XIV: Enforcement of Foreign Arbitral Awards / The Revival of Ray LIII

The issue of limitation for enforcement of foreign awards, being procedural in nature, is subject to the law of the forum where the foreign award is sought to be enforced. The Arbitration Act, 1996 does not specify any period of limitation for filing an application for enforcement of a foreign award. Section 43 provides, The […]

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Condonation of Delay VII: 916

“From a consideration of the view taken by this Court, through the decisions cited, the position is clear that, by and large, a liberal approach is to be taken in the matter of condonation of delay. The consideration would not depend on the status of the party so as to apply a different yardstick. The […]

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Section 37 of The Arbitration Act

In Domestic Arbitrations, if an Order is Not Appealable under Section 37(1) of The Arbitration Act, it would not be subject to Appeal under The Letters Patent of a High Court. My Lord, Intra-Court Letters Patent Appeal [Clause 15 of The Letters Patent of High Court at Calcutta] against Single Judge Order on Application for […]

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Condonation of Delay IV: 1186

“There is inordinate delay of 1186 days in filing the SLPs.” “There is gross delay of almost 3 1/2 years in challenging the Judgment rendered in the Writ Appeal and no explanation much less cogent explanation has been given by the Appellant.” “There is no reason to condone the delay.” – Hon’ble Justice C. Nagappan, […]

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Condonation of Delay II: 355

Defendants were set ex-parte, in a suit praying for refund of an advance amount with interest. There was a delay of 355 days in filing the application to set aside the ex-parte decree. The Principal District Judge, Thanjavur condoned the 355-day delay subject to the condition of deposit of the entire ‘principal prayed amount’. SC considered […]

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Condonation of Delay I: 230

It is interesting that a 230-day delay before National Disputes Redressal Commission stood condoned in Central Bank of India v. Jagbir Singh, [Civil Appeal 3645 of 2015]. The concerned Central Bank of India is situated in a remote village and 230 are the number of days it may take in receiving a permission to file […]

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