A suit was filed on 10.03.2017. Defendant was served with summons on 14.07.2017. 120 days from this date takes us to 11.11.2017. No written statement had been filed. However, an Order 7, Rule 11 application was filed. The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 came into force on […]
Read more "Order 8, Rule 1 of The Code of Civil Procedure, 1908 I"“Appeal arises from the Judgment of a Learned Single Judge of High Court of Calcutta by which the Respondent’s Application for condoning a delay of 514 days in filing an Application under Section 34 of The Arbitration and Conciliation Act, 1996 was allowed. This Court needs to assess whether the benefit of Sections 5 and […]
Read more "Section 34(3) of The Arbirtration Act I"‘Beyond which number is it strange if a delay is condoned?’ We have been hunting for the single noble equation. Ponnayal v. Karuppan (Dead), [Civil Appeals No. 9558-9559 of 2018] reflects Appellant’s journey to Supreme Court twice. Appellant, first, appealed against a Judgement of a HC, with a delay of 2088 days. Appellant, then, appealed against […]
Read more "Condonation of Delay VI: 2088, 1405"State of Jharkhand through SP, CBI occasioned a delay of 157, 113 and 222 days in filing appeals before SC against Lalu Prasad [Crl. A. 394/2017], Sajal Chakraborty [Crl. A. 393/2017] & Dr. Jagannath Mishra [Crl. A. 395/2017]. It was submitted by Ram Jethmalani, averments made in applications seeking condonation of delay were based upon […]
Read more "Condonation of Delay V: 157, 113, 222"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 […]
Read more "Section 37 of The Arbitration Act I"The Assam Value Added Tax Act, 2003 81. Revision to High Court – (1) Any dealer or other person, who is dissatisfied with the decision of the Appellate Tribunal, or the Commissioner may, within sixty days after being notified of the decision of the Appellate Tribunal, file a revision to the High Court; and the […]
Read more "The Plea of Limitation IX: Express Exclusion of Section 5 of The Limitation Act, 1963"“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, […]
Read more "Condonation of Delay IV: 1186"“Writ Court while deciding a Writ Petition is required to remain alive to the nature of the claim and the unexplained delay on the part of the Writ Petitioner. Stale claims are not to be adjudicated unless non-interference would cause grave injustice. In the case at hand, the employee was dismissed from service in the […]
Read more "Stale Claims Before Writ Court"“Section 18(2) of The SARFAESI Act provides that the Appellate Tribunal shall follow the provisions of The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 in disposing of the appeal unless otherwise provided under The SARFAESI Act or the Rules made thereunder. The proviso to Section 20(3) of The RDDBFI Act empowers […]
Read more "Condonation of Delay III: Section 18, SARFAESI Act Appeals"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. Principal District Judge, Thanjavur condoned the 355-day delay subject to the condition of deposit of the entire ‘principal prayed amount’. SC considered […]
Read more "Condonation of Delay II: 355"It is interesting, 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 a […]
Read more "Condonation of Delay I: 230"
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