Answering the question in the negative Supreme Court held: The law is that at the time of framing charge or taking cognizance the accused has no right to produce any material. No […]
Whether at the time of disposal of the application u/o 7 rule 11 of CPC only the facts mentioned in the plaint are to be looked into? yes.
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 […]
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.
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 […]
Whether Section 14 of the limitation Act can be relied upon for excluding the time spent in prosecuting remedy before a wrong forum in the context of the provisions contained in Arbitration and Conciliation Act, 1996.
The question whether Section 14 of the limitation Act can be relied upon for excluding the time spent in prosecuting remedy before a wrong forum was considered by a two Judge Bench […]
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.
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 […]
Whether the Award of the Arbitrator tantamounts to a Decree or not, Yes, an Award has to be enforced under the Code of Civil Procedure in the same manner as it were a Decree of the Court.
(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 […]
Whether there is any limitation for recovering the sum due as arrears of land revenue under the U.P. Public Moneys (Recovery of Dues) Act, 1972, and if there is none, whether recovery can be made within reasonable time or it is open to recover at any point of time?
Allahabad High Court in Narendra Kumar And Anr. vs Collector And Ors. on 23 March, 2004 Equivalent citations: (2004) 2 UPLBEC 2037 held : The Act does not provide for any period of limitation. […]