Keywords:- Limitation-Time barred Debt- The rules of limitation are not meant to destroy the rights of the parties. S. 3 of the Limitation Act 36.of 1963, for short “the Act” only bars the remedy, but does not destroy the right which the remedy relates to. The right to the debt continues to exist notwithstanding the… Read More Punjab National Bank and others Versus Surendra Prasad Sinha [ALL SC 1992 APRIL]
Collector of Central Excise, Calcutta Versus M/s. Alnoori Tobacco Products and another [All SC 2004 July] AIR 2004 SCW 4311 : JT 2004 (5) SC 593 : (2004) 6 SCALE 232 : (2004) 6 SCC 186 (SUPREME COURT OF INDIA) Collector of Central Excise, Calcutta Appellant Versus M/s. Alnoori Tobacco Products and another Respondent (Before : S.… Read More Courts should not place reliance on decisions without discussing as to how the factual situation fits in with the fact-situation of the decision on which reliance is placed.
Supreme Court of India in Gurcharan Singh vs Surjit Singh & Anr decided on 2 November, 2012 The Calcutta High Court has taken a similar view in State of West Bengal v. Manisha Maity (supra) that Order XXII, Rule 4 of the CPC providing for the procedure for substitution of the heirs and legal representatives of… Read More Whether an application for substitution of a respondent who was dead when the Special Leave Petition was filed was maintainable, and if not, the remedy of the petitioner when he comes to learn that the respondent was actually dead when he filed the Special Leave Petition.
KEYWORDS:- APPLICATION OF SECTION 5 IN CRIMINAL MATTER- In a case where an application for special leave to appeal from an order of acquittal is filed after the coming into force of the Limitation Act, 1963, Section 5 would be available to the applicant and if he can show that he had sufficient cause for… Read More Mangu Ram AND OTHERS Versus Municipal Corporation of Delhi [ALL SC 1975 OCTOBER ]
In a suit for recovery of money, the following to aspect can be pleaded by the Defendant in his written statement . Where a debtor has a cross-claim against a creditor, the reduction or extinguishment of the creditor’s claim by the amount of his cross-claim is ‘set off’ Equity means equal Legal Set Off –… Read More Distinguish between Legal and Equitable set off.
KEYWORDS:- APPLICABILITY OF LIMITATION LAW IN ARBITRATION AIR 2008 SCW 4182 : JT 2008 (6) SC 22 : (2008) 6 SCALE 748 : (2008) 7 SCC 169 (SUPREME COURT OF INDIA) M/s. Consolidated Engineering Enterprises Appellant Versus Principal Secretary, (Irrigation Department) and OTHERS Respondent WITH Hatti Gold Mines Co. Ltd. Appellant Versus Vinay Heavy Equipments… Read More M/s. Consolidated Engineering Enterprises Versus Principal Secretary, (Irrigation Department) and OTHERS [ ALL SC 2008 APRIL]
31. Form and contents of arbitral award.— (1)An arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal. (2)For the purposes of sub-section (1), in arbitral proceedings with more than one arbitrator, the signatures of the majority of all the members of the arbitral tribunal shall be sufficient… Read More Form and contents of arbitral award Under Arbitration and Conciliation Act 1996
Keywords:-Receiver- Sale of Property- One thing is absolutely clear, namely, that the Code does not lay down any specific rules in respect of property which has been placed in custodia legis. AIR 1958 SC 725 : (1959) SCR 333 (SUPREME COURT OF INDIA) Kanhaiyalal Appellant Versus Dr. D. R. Banaji and others Respondent (Before :… Read More Kanhaiyalal Versus Dr. D. R. Banaji and others [All SC 1958 MARCH]
Proclamation 9645 of September 24, 2017 Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats A Proclamation In Executive Order 13780 of March 6, 2017 (Protecting the Nation from Foreign Terrorist Entry into the United States), on the recommendations of the Secretary of Homeland Security and the… Read More Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats[Proclamation 9645 of September 24, 2017]
Protecting the Nation From Foreign Terrorist Entry Into the United States By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3, United States Code, and to protect the Nation from… Read More Protecting the Nation From Foreign Terrorist Entry Into the United States[Executive Order 13780 of March 6, 2017]