“Section 11 was substantially amended by The Amendment Act of 2015. By virtue of the non obstante clause incorporated in Section 11(6A), Patel Engineering, (2005) 8 SCC 618 and Boghara Polyfab, (2009) 1 SCC 26 were legislatively overruled. The scope of examination is now confined only to the existence of the Arbitration Agreement at the […]
Read more "Section 16 of The Arbitration Act"“Section 48(1) of The Himachal Pradesh Value Added Tax Act, 2005: 48. Revision to High Court. (1) Any person aggrieved by an order made by the Tribunal under Sub-Section (2) of Section 45 or under Sub-Section (3) of Section 46, may, within 90 days of the communication of such order, apply to the High Court […]
Read more "The Plea of Limitation XI: Inclusion of Section 5 of The Limitation Act, 1963"“We must first consider whether it is the 1940 Act or the 1996 Act which applies to the Arbitration Applications. It is settled law that the date of commencement of Arbitration Proceedings for the purpose of deciding which Act applies, upon a conjoint reading of Sections 21 and Section 85(2)(a) of the 1996 Act, shall […]
Read more "Statutory Limitation of Arbitration"My Lord, A plaintiff claiming title by adverse possession can maintain a suit under Article 65 of The Limitation Act, 1963 for declaration of title? Yes. Historically, adverse possession is a pretty old concept of law. It is a useful but an often-criticized concept. It is a hostile possession, clearly asserting hostile title in denial […]
Read more "The Sword of Adverse Possession"“In T.P. Kunhaliumma, (1976) 4 SCC 634 this Court held that applications under Article 137 of The Limitation Act, 1963 is not confined to applications contemplated by or under Code of Civil Procedure. “The conclusion we reach is that Article 137 of The Limitation Act, 1963 will apply to any petition or application filed under […]
Read more "The Revival of Ray XXI"“Appeal arises from the Judgment of a Learned Single Judge of the 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 […]
Read more "Section 34(3) of The Arbirtration Act"“In a dispute concerning a consumer, it is necessary for the Courts to take a pragmatic view of the rights of the consumer principally since it is the consumer who is placed at a disadvantage vis-à-vis the supplier of services or goods. It is to overcome this disadvantage that a beneficent legislation in the form […]
Read more "The Plea of Limitation X: Section 24A of The Consumer Protection Act, 1986"