Obligatory or Unchallengeable
This Court in the case of P. Anand Gajapathi Raju and Others Vs. P.V.G. Raju (Died) and Others, has held that the language of Section 8 is peremptory in nature.Therefore, in cases where there is an arbitration clause in the agreement, it is obligatory for the Court to refer the parties to arbitration in terms of their arbitration agreement and nothing remains to be decided in the original action after such an application is made except to refer the dispute to an arbitrator.
So far as the Appropriate Authority is concerned it was acting in bona fide discharge of its statutory duties and it cannot be blamed for having passed the orders regarding peremptory purchase of the property.
The language of Section 14 of the Act is peremptory. According to that provision no change in the land use in respect of land falling within the area of Outline Development Plan can be made without the written permission of the Planning Authority secured u/s 14 of the Act.
The appeal had come to be dismissed by a peremptory order passed by this Court. Court passes a peremptory order directing that the appeal should stand dismissed automatically if the requirement as conditioned in the order is not met, even after the expiry of the period within which date it should have been complied, then also the appeal does not get dismissed automatically by a mere note or a recording to this effect made by the registry of the High Court, but the appeal should inevitably be listed before the Bench of the court before the very bench passing the earlier order or the bench having roster for the purpose of dismissal of the appeal for non-compliance.
In that background it was held by Nagpur High Court that in order that period of limitation starts under Article 60, the demand must be unqualified and effective demand and also in a sense peremptory for the whole of the amount, a mere request for money would not be such a demand as to start limitation. In the fax Exhibit A the complainant informed the accused that the cheques have been dishonoured and request is made for making alternative arrangement. It is not therefore a peremptory demand so as to attract the period of limitation.
Categories: Judicial Dictionary