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"“The Present 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 […]
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"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 […]
Read more "The Plea of Limitation IX: Express Exclusion of Section 5 of The Limitation Act, 1963"“The interpretation of the first part of Article 54 of Schedule 1 of The Limitation Act, 1963 is no longer res integra. In Ahmadsahab, (2009) 5 SCC 462 this Court considered the meaning of the word “date” and “fixed” appearing in Article 54… the Court held that the expression “date fixed for the performance” is […]
Read more "The Plea of Limitation VIII: Article 54 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 […]
Read more "The Plea of Limitation VII: Section 14 of The Limitation Act, 1963"