The Plea of Limitation XII: Written Statements, District Consumer Forums II

“By specifically enacting a provision under Sub­-Section (3) of Section 13, with a specific clarification that violation of the Principles of Natural Justice shall not be called in question where the procedure prescribed under Sub-­Sections (1) and (2) of Section 13 of The Consumer Protection Act, 1986 has been followed or complied with, the intention […]

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Section 16 of The Arbitration Act

“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 […]

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The Sword of Adverse Possession

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 […]

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The Revival of Ray XXI

“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 […]

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The Plea of Limitation X: Section 24A of The Consumer Protection Act, 1986

“The provision of limitation in The Consumer Protection Act, 1986 cannot be strictly construed to disadvantage, where a supplier of goods or services itself is instrumental in causing a delay in the settlement of the claim.” – Hon’ble Justice Madan B. Lokur, National Insurance v. Hindustan Safety Glass Works Ltd., [Civil Appeal No. 3883 of […]

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The Plea of Limitation IX: Express Exclusion of Section 5 of The Limitation Act, 1963

Relevant Provisions:  The Assam Value Added Tax Act, 2003  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 […]

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The Plea of Limitation VII: Section 14 of The Limitation Act, 1963

The Respondent entered into a contract for construction of a commercial complex. Certain disputes arose. The matter was referred to Arbitration on the basis of Clause 29 of the contract. The Sole Arbitrator passed an Award on 11.11.2010. Both the parties appeared before the Arbitrator. The Arbitrator did not find any justification to allow any […]

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The Plea of Limitation V: Written Statements, District Consumer Forums I

As per Section 13(2)(a) of The Consumer Protection Act, 1986 the period of limitation for filing a written statement before a District Forum is 45 days. In J.J. Merchant, (2002) 6 SCC 635 the question arose whether the Forum can grant time beyond 45 days to the opposite party for filing its version. The Three-Judge Bench answered […]

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The Plea of Limitation I: Section 9A of The Code of Civil Procedure, 1908

Section 9A of The Code of Civil Procedure, 1908 is a State Amendment to The Code, inserted by Section 3 of The Maharashtra Act No. 65/1977. Section 9A is mandatory in nature. It mandates the Court to decide the jurisdiction of the Court before proceeding with a suit and granting interim relief by way of injunction. In Kamalakar Eknath Salunkhe v. […]

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