Limitation Act applies to Arbitration and Conciliation Act 1996

Mar
17
2017


Delhi High Court in the matter of Jammu and Kashmir State Power Development Corporation Vs K J M C Global Market; FAO (OS) 263/2016 held It is now well settled that the provisions of the Limitation Act, 1963 apply to all proceedings under the Arbitration and Conciliation Act, 1996, including both in court and arbitration proceedings except to the extent expressly excluded by the provisions of the Arbitration Act, 1996. 




Appellate Tribunal has the jurisdiction to condone the delay in filing an appeal under Section 18 (1) of the SARFAESI Act#indianlaws

Aug
12
2015


The Supreme Court held that delay in filing an appeal under Section 18 (1) of the SARFAESI Act can be condoned by the Appellate Tribunal under proviso to Section 20 (3) of the RDB Act read with Section 18 (2) of the SARFAESI Act. The contrary view taken by the Madhya Pradesh High Court was overruled.




Goverment appeals are equally bound the limitation Act #indianlaws

Aug
11
2014


Delay in filing appeal by Government cannot be condoned merely on the ground of want of administrative sanction
 




Where time not the essence of contract, Parties thereto must perform their part within a reasonable time #indianlaws

Jul
31
2014


The legal position suggests that in the case of agreement of sale relating to immovable property, time is not of the essence of the contract unless specifically provided to that effect. However, this does not mean that any and every suit for specific performance of the agreement, not providing specifically that time is of the essence of the contract, should be decreed.




Mere filing of representation does not extend the period of Limitation #indianlaws

May
2
2014


The law does not permit extension of period of limitation by mere filing of a representation.




Books of Accounts is not a conclusive evidence

Sep
26
2013


Books of Accounts is not considered as a conclusive evidence to determine liability to rule out any attempt to manipulate to fix liability on someone else due to any element of self-interest and partisanship








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