The word “court” has not been defined in the Act, but as it has received interpretation from the highest court of the land in a number of cases, its essential attributes have to be regarded as no longer open to discussion. In the latest case of (S) AIR 1956 SC 66 the Supreme Court after discussing the earlier decisions in Bharat Bank Ltd., Delhi v. Employee’s of Bharat Bank Ltd., Delhi, AIR 1950 SC 188, Maqbool Husain v. State of Bombay, AIR 1953 SC 325 and A. Venkataraman v. Union of India, AIR 1954 SC 375 laid down, the essential attributes of a ‘court’

  The law has been settled by  Court in various decisions that while considering an application u/o 7 rule 11 of CPC, the court has to examine the averments in the plaint and the pleas taken by the defendants in its written statements would be irrelevant. Vide C Natrajan v/s Ashim Bai and another,(2007) 14 SCC 183, Ra Prakash Gupta […]

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.

In Union of India v. Popular Construction Company , Supreme Court considered the question whether Section 5 of the limitation Act can be invoked for condonation of delay in filing an application under Section 34 of the Arbitration and Conciliation Act, 1996. The two-Judge Bench referred to earlier decisions in Vidyacharan Shukla v. Khubchand Baghel, AIR 1964 SC 1099, Hukumdev […]

(SUPREME COURT OF INDIA) in Leela Hotels Ltd. Versus Housing and Urban Development Corporation Ltd. (2011) 12 SCALE 573 18. It was next submitted by the learned ASG that analogy of a post-decretal payment cannot be applied to an Arbitration Award under the 1996 Act for the simple reason that the Arbitration Award under the 1996 Act does not attain the status or character […]

The law of limitation makes available a right of defence with the debtor to claim that after the expiry of period of limitation the remedy to recover the amount by the creditor from him had become time barred.

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