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 remedy is barred by the […]
Day: June 27, 2018
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. N. Variava And A. Pasayat, […]
The remedy of an appellant, who has unknowingly filed an appeal against a dead person, is to file an application for presentation of the appeal against the heirs of the dead person afresh. If the time for filing the appeal was in the meantime over, he is to present an application, under Section 5 of the Limitation Act, therein explaining the delay in presenting the appeal afresh against the heirs of the dead person.
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 not preferring the application within […]
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 – order 7 rule 6 Equitable […]
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 Respondent (Before : K. G. […]
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 so long as the reason […]
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 : B. P. Sinha, S. J. […]
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 Attorney General, I ordered a […]
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