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 […]
Read more "Day-Fraction"The law will assist only those who are vigilant about their rights and not those who sleep over them. The importance of legal maxims as guiding principles can hardly be underestimated. “The principle forming the basis of Section 10(1) of The General Clauses Act, 1897 also finds a place in Section 4 of The Limitation […]
Read more "Vigilantibus Non Dormientibus Jura Subveniunt"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 […]
Read more "The Plea of Limitation XIV: Enforcement of Foreign Arbitral Awards / The Revival of Ray LIII"“We have used the expressions ‘cause country’, which will mean the country in which the decree was issued [England] and ‘forum country’, which would mean the country in which the decree is sought to be executed [India]. If the law of the ‘cause country’ is to apply, the limitation would be 6 years and if […]
Read more "The Plea of Limitation XIII: Cause Country v. Forum Country"“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 […]
Read more "The Plea of Limitation XII: Written Statements, District Consumer Forums II"“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"“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 […]
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"No Court or Tribunal can extend the period of limitation for filing a suit. Even if any cause, beyond the control of the plaintiff is shown also, the only extension is what is permitted under Section 4 of The Limitation Act, 1963, the period coming under Court holiday. Section 4 no doubt applies to suits […]
Read more "The Plea of Limitation VI: Non-Working Saturdays"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 […]
Read more "The Plea of Limitation V: Written Statements, District Consumer Forums I"My Lord, What is the meaning of the term ‘first learns’ as provided under Article 91(a) of The Limitation Act, 1963? “Article 91(a) of The Limitation Act reads: Description of Suit Period of Limitation Time from which period begins to run 91. For compensation – a) For wrongfully taking or detaining any specific movable property lost, […]
Read more "The Plea of Limitation IV: “First Learns”"“A series of decisions of this Court have clearly held that The Limitation Act, 1963 applies only to Courts and does not apply to Quasi-Judicial Bodies [See, (1976) 4 SCC 634]. There is authority for the proposition that even where Section 14 of The Limitation Act may not apply, the principles on which Section 14 is […]
Read more "The Plea of Limitation III: Causes of Justice"“Unfortunately, there is no period of limitation prescribed by law within which a person aggrieved by the decision of the Governor under Article 192 can approach the High Court. Until such law is made, we deem it appropriate to hold that any person aggrieved by a decision of the Governor under Article 192 must approach the High […]
Read more "The Plea of Limitation II: Article 192 of The Constitution"