MV Act | Award Can Be Stayed Even If Insurer's Application For Condonation Of Delay In Filing Appeal Is Pending: Bombay High Court
1 year, 6 months ago

MV Act | Award Can Be Stayed Even If Insurer's Application For Condonation Of Delay In Filing Appeal Is Pending: Bombay High Court

Live Law  

The Bombay High Court recently held that an ad-interim/interim stay can be granted on an award passed under the Motor Vehicles Act even if the appellants’ application for condonation of delay in filing the First Appeal against such award is pending. According to Rule 3-A of Order 41 of the CPC, “Where an application has been made under sub-rule, the Court shall not make an order for the stay of execution of the decree against which the appeal is proposed to be filed so long as the Court does not, after hearing under rule 11, decide to hear the appeal.” The question before the court was whether the term "shall" in Rule 3-A should be interpreted as mandatory or permissive. The court disagreed with Andhra Pradesh High Court in M/s United India Insurance Co. v. Undamatla Varalakshmi which held that in a time barred appeal under the MV Act, execution of the award cannot be stayed unless the delay condonation matter is decided finally. "What the Hon’ble Andhra Pradesh High Court with respect, does not appear to have considered is what has been considered by the Division Bench of this Court in Bhagwan Ganpatrao Godsay Vs. Kachrulal Bastimal Samdariya and connected matters that if the word “shall” in sub-rule is construed as mandatory the appeal may become infructuous as the decree may have been executed by then," Court said.

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History of this topic

Presumption As To Genuineness Weighs More In Favour Of Police Investigation Report Than Private Investigation: Andhra Pradesh High Court
2 weeks, 6 days ago

Presumption As To Genuineness Weighs More In Favour Of Police Investigation Report Than Private Investigation: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that when the reliability of a private investigator's report in comparison to the official record of police investigation is examined, “presumption as to genuineness will weigh more in favour of the police investigation report.” Single Judge Justice A. Hari Haranadha Sarma was dealing with a case involving an appeal preferred by an insurance …

'Strength' Or 'Weakness' Of Case Cannot Justify Delay In Filing Appeal: Andhra Pradesh High Court
2 months, 2 weeks ago

'Strength' Or 'Weakness' Of Case Cannot Justify Delay In Filing Appeal: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court, while dismissing a condonation of delay application, observed that the strength or weakness of a case cannot justify the delay if the appellant has failed to demonstrate diligence in filing the appeal. Consequently, the appellants filed the present appeal along with an application to condone the delay of 880 days in filing the same. “Though …

Unreasonable Delay In Seeking Restoration Of Granted Land Can Be Ground For Denying Relief: Karnataka High Court
3 months, 1 week ago

Unreasonable Delay In Seeking Restoration Of Granted Land Can Be Ground For Denying Relief: Karnataka High Court

Live Law  

The Karnataka High Court recently upheld an order of the single judge which dismissed a petition filed by the original grantee of a land who had sought restoration of land to themselves, 12 years after it was first transferred to private persons. 12 years having been passed, it would be highly unreasonable, unjust and inequitable, as well as against law …

Sufficiency Of Reasons Over Number Of Days Is Considered While Determining Plea Of Condonation Of Delay U/S 37(1)(2) Of Arbitration Act: Delhi HC
3 months, 1 week ago

Sufficiency Of Reasons Over Number Of Days Is Considered While Determining Plea Of Condonation Of Delay U/S 37(1)(2) Of Arbitration Act: Delhi HC

Live Law  

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee held that the appellant failed to demonstrate any plausible reasons for the delay caused in filing the present appeal. The appeal was also accompanied by two applications, the first seeking condonation of 670 days delay in filing the appeal and the second 591 days delay in re-filing …

Inordinate, Unexplained Delay In Passing Award After Conclusion Of Arguments Can Be Ground To Set Aside U/S 34 Of Arbitration Act: Delhi High Court
4 months, 2 weeks ago

Inordinate, Unexplained Delay In Passing Award After Conclusion Of Arguments Can Be Ground To Set Aside U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sachin Datta has held that inordinate and unexplained delay in passing an award from the date of the conclusion of the pleadings can be a ground to set it aside under section 34 of the Arbitration Act. Brief Facts The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 assails …

Motor Accident Claims | Supreme Court To Examine If Appeal Pre-Deposit Conditions Can Be Higher Than Limit Prescribed Under MV Act
7 months, 2 weeks ago

Motor Accident Claims | Supreme Court To Examine If Appeal Pre-Deposit Conditions Can Be Higher Than Limit Prescribed Under MV Act

Live Law  

The Supreme Court is set to consider the legal issue whether the Courts could demand a deposit amount beyond the statutory limit for entertaining appeals against claims awarded under the Motor Vehicles Act, 1988. The bench of Justices CT Ravikumar and Sanjay Karol was hearing a challenge to the order of the Delhi High Court which imposed a condition of …

Appeals Filed Without Delay Condonation Applications Cannot Be Rectified Later: Jharkhand High Court
7 months, 3 weeks ago

Appeals Filed Without Delay Condonation Applications Cannot Be Rectified Later: Jharkhand High Court

Live Law  

The Jharkhand High Court has ruled that if an appeal memo does not contain an application for the condonation of delay at the time of its filing, subsequent filing of such an application cannot cure the defect. Despite the court granting time to address the defects pointed out by the Stamp Reporter, the counsel for the Revenue did not take …

[Arbitration Act] General Explanation Of Intra-departmental Analysis And Discussions Doesn't Constitute Credible Explanation For Delay In Filing Appeal: Delhi High Court
9 months, 3 weeks ago

[Arbitration Act] General Explanation Of Intra-departmental Analysis And Discussions Doesn't Constitute Credible Explanation For Delay In Filing Appeal: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju held that a general explanation of intra-departmental analysis and discussions doesn't constitute as valid and credible explanation for condonation of delay in filing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996. Brief Facts: The Appellant approached the Delhi High Court and filed …

Allahabad High Court Directs Inquiry Against Officers Who Failed To File Arbitration Appeals Within Prescribed Limitation
11 months, 4 weeks ago

Allahabad High Court Directs Inquiry Against Officers Who Failed To File Arbitration Appeals Within Prescribed Limitation

Live Law  

The Allahabad High Court has directed Principal Secretary/Additional Chief Secretary, Irrigation, Uttar Pradesh to conduct an inquiry against officers who were responsible for filing appeals under Section 37 of the Arbitration and Conciliation Act, 1996 which were filed after a delay of 513 days. While dismissing the appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996, the …

Limitation Act | Doesn't Encompass Long Delays, Condonation Only In Exceptional Cases: Allahabad High Court Dismisses Section 37 A&C Petition
1 year ago

Limitation Act | Doesn't Encompass Long Delays, Condonation Only In Exceptional Cases: Allahabad High Court Dismisses Section 37 A&C Petition

Live Law  

The Allahabad High Court single bench of Justice Shekhar B. Saraf held that Section 5 of the Limitation Act does not encompass long delays, and condonation can only be granted in exceptional cases where the appellant acted in a bona fide manner and not negligently. Furthermore, the High Court emphasized the applicability of Section 5 of the Limitation Act to …

[LARR Act, 2013] Kerala High Court Declines To Condone Delay In Filing Appeal After Expiry Of Maximum Period Of 120 Days
1 year, 1 month ago

[LARR Act, 2013] Kerala High Court Declines To Condone Delay In Filing Appeal After Expiry Of Maximum Period Of 120 Days

Live Law  

The Kerala High Court has stated that the maximum time period for filing an appeal against an award as per Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013 is 120 days. The Division Bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen while declining to condone the delay in …

Limitation Act Applies To Commercial Disputes But Delay Can Be Condoned Only In Exceptional Cases: Kerala High Court
1 year, 5 months ago

Limitation Act Applies To Commercial Disputes But Delay Can Be Condoned Only In Exceptional Cases: Kerala High Court

Live Law  

The Kerala High Court on Tuesday condoned a delay of 25 days in filing an appeal under the Commercial Courts Act, 2015, on the ground that such delay had not resulted in any loss on the part of the opposite party. The Division Bench comprising Justice Anil K. Narendran and Justice Sophy Thomas though took note of the intent of …

Arbitrator Appointed Under The Provisions Of National Highways Act Is Bound By Section 29A Of The A&C Act, Award Must Be Delivered Without Undue Delay: Himachal Pradesh High Court
1 year, 6 months ago

Arbitrator Appointed Under The Provisions Of National Highways Act Is Bound By Section 29A Of The A&C Act, Award Must Be Delivered Without Undue Delay: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has held that an arbitrator appointed under the provisions of National Highways Act, 1956 is bound to deliver an arbitral award within the time limit prescribed under Section 29A of the A&C Act. Section 29A of the A&C Act provides that an arbitrator must make an arbitral award within a period of 12 months from …

In Time-Barred Appeal Under MV Act, Award Can’t Be Stayed Without First Deciding Delay Condonation Application: Andhra Pradesh High Court
1 year, 8 months ago

In Time-Barred Appeal Under MV Act, Award Can’t Be Stayed Without First Deciding Delay Condonation Application: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that in a time barred appeal under Section 173 of the Motor Vehicles Act before the High Court, they stay of execution of the award cannot be granted, so long as the delay condonation matter is not decided finally, in view of 2nd proviso to Section 173 of the MV Act & Order …

MV Act | Insurer Cannot Escape Liability On Premise That Legal Heirs Of Deceased Owner Were Not Parties To Claim Petition: J&K High Court
2 years ago

MV Act | Insurer Cannot Escape Liability On Premise That Legal Heirs Of Deceased Owner Were Not Parties To Claim Petition: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that the insurer cannot escape its liability to pay compensation to the claimants on the ground that the legal heirs of the deceased owner were not made parties to the claim petitions. In order to address the question as to whether, in the face of aforesaid provision, the present …

Application For Condonation Of Delay Not Required When Victim Appeals Against Acquittal, Affidavit Explaining Delay Sufficient: Kerala High Court
2 years ago

Application For Condonation Of Delay Not Required When Victim Appeals Against Acquittal, Affidavit Explaining Delay Sufficient: Kerala High Court

Live Law  

The Kerala High Court on Tuesday held that when a victim belatedly files an appeal against a judgement of acquittal, it is not essential to file an application for condonation of delay and that an affidavit explaining the delay would suffice. If the Appellate Court is satisfied with the explanations offered, the court is entitled to proceed to consider admission …

Length Of Delay Immaterial, Reason Stated For Condonation Matter: NCLT Hyderabad Reiterates
2 years ago

Length Of Delay Immaterial, Reason Stated For Condonation Matter: NCLT Hyderabad Reiterates

Live Law  

The National Company Law Tribunal, Hyderabad Bench, comprising Dr. Venkata Ramakrishna Badarinath Nandula and Shri Charan Singh, while adjudicating an application under Section 60 of Insolvency and Bankruptcy Code, 2016 by the Deputy Director, Employees State Insurance Corporation in Asset Reconstruction Company Limited vs Viceroy Hotels Limited has held that the length of delay is immaterial, but the reasons stated …

Can't Condone Delay If Applicant Fails To Show ‘Sufficient Cause’ For The Delay: Jharkhand High Court Reiterates
2 years, 1 month ago

Can't Condone Delay If Applicant Fails To Show ‘Sufficient Cause’ For The Delay: Jharkhand High Court Reiterates

Live Law  

The Jharkhand High Court has reiterated that the court should not allow an application for condonation of delay until and unless the applicant satisfies the court that he was prevented by any ‘sufficient cause’ from prosecuting the case. While dismissing the second appeal, Justice Sanjay Kumar Dwivedi observed: “The applicant must satisfy the Court that he was prevented by. While …

Delay In Filing Appeal; Incorrect Particulars: Supreme Court Imposes Rs One Lakh Costs On UP Government For Casual Approach
2 years, 3 months ago

Delay In Filing Appeal; Incorrect Particulars: Supreme Court Imposes Rs One Lakh Costs On UP Government For Casual Approach

Live Law  

Pointing out that the State litigation cannot be so 'casual', the Supreme Court of India recently rapped the Uttar Pradesh government for filing an appeal plea quite belatedly, with incorrect particulars. "A cursory reference to the pandemic situation is baseless for the reason that no such situation was prevalent on the date of passing of the order by the High …

Order XLI Rule 3-A CPC | Failure To File Appeal With Application For Condonation Of Delay Curable Defect, Can Be Filed Subsequently: J&K&L High Court
2 years, 6 months ago

Order XLI Rule 3-A CPC | Failure To File Appeal With Application For Condonation Of Delay Curable Defect, Can Be Filed Subsequently: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court while answering a question as to what are the consequences if an appeal is not accompanied by an application as mentioned in Subrule of Rule 3A in Order 41 of CPC observed, "The Deficiency of not accompanying application for condonation of delay is curable defect and if required such an application can …

Right To Appeal Accrues On Date Of Institution Of Suit: Madras HC Entertains Appeal Arising Out Of Claim Filed Prior To Motor Vehicle Amendment Act
2 years, 7 months ago

Right To Appeal Accrues On Date Of Institution Of Suit: Madras HC Entertains Appeal Arising Out Of Claim Filed Prior To Motor Vehicle Amendment Act

Live Law  

When the Madras High Court registry put forward a query as to whether appeals whose value was less than one lakh rupees could be entertained in view of the amendment brought in by the Motor Vehicles Amendment Act 2019, Justice PT Asha observed that the right to appeal accrued on the date of filing the claim petitions and therefore the …

The Evolving Jurisprudence Of Enforceability Of Interim Arbitral Awards
2 years, 9 months ago

The Evolving Jurisprudence Of Enforceability Of Interim Arbitral Awards

Live Law  

The 246th report of the Law Commission made certain recommendations to amend section 17 of the Arbitration and Conciliation Act, 1996 with an intent to strengthen this provision which provides for statutory mechanism for the enforcement of the interim measures by arbitral tribunal on the pretext that earlier there was no comprehensive mechanism to enforce the interim measures awarded by …

Inordinate And Unexplained Delay In Rendering Arbitral Award Is Against Public Policy Of India: Delhi High Court
2 years, 10 months ago

Inordinate And Unexplained Delay In Rendering Arbitral Award Is Against Public Policy Of India: Delhi High Court

Live Law  

The Delhi High Court has ruled that inordinate and unexplained delay in rendering the arbitral award is in conflict with the public policy of India and is amenable to challenge under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioner filed a petition under Section 34 of the A&C Act against the arbitral award before the Delhi High …

Arbitral Award Cannot Be Set Aside Merely On The Ground Of Erroneous Application Of Law Or Misappreciation Of Evidence : Supreme Court
2 years, 11 months ago

Arbitral Award Cannot Be Set Aside Merely On The Ground Of Erroneous Application Of Law Or Misappreciation Of Evidence : Supreme Court

Live Law  

The Supreme Court, on Wednesday, held that apart from the grounds mentioned in Section 34 of the Arbitration and Conciliation Act, 2013, an arbitral award can be set aside only when it is vitiated by patent illegality, and not on ground of erroneous application of law or by misappreciation of evidence. A Bench comprising Justices Ajay Rastogi and Sanjiv Khanna …

'Govt Agency Not A Privileged Litigant': Calcutta High Court Refuses To Condone 302 Days Delay In Filing Appeal By CBI
2 years, 11 months ago

'Govt Agency Not A Privileged Litigant': Calcutta High Court Refuses To Condone 302 Days Delay In Filing Appeal By CBI

Live Law  

The Calcutta High Court has recently refused to grant relief under Section 5 of the Limitation Act to the Central Bureau of Investigation for condonation of delay of about 302 days in filing an appeal. Justice Bibek Chaudhuri remarked that the government agency is not a privileged litigant and no explanation is forthcoming as to why the heads of various …

'No Explanation' : Supreme Court Sets Aside HC Order Condoning Delay Of 1011 Days In Filing Second Appeal
3 years, 3 months ago

'No Explanation' : Supreme Court Sets Aside HC Order Condoning Delay Of 1011 Days In Filing Second Appeal

Live Law  

While observing that the High Court has not exercised its discretion judiciously, the Supreme Court of India has set aside a High Court's order condoning a huge delay of 1011 days in preferring a second appeal in a case where no sufficient or satisfactory explanation has been given.A Bench comprising Justice MR Shah and Justice BV Nagarathna issued the direction …

Can 3rd Party Insurance Be Claimed When Accident Took Place On The Same Day The Policy Was Taken But The Coverage Starts Only From The Next Day?SC To Examine
3 years, 6 months ago

Can 3rd Party Insurance Be Claimed When Accident Took Place On The Same Day The Policy Was Taken But The Coverage Starts Only From The Next Day?SC To Examine

Live Law  

The Supreme Court on Tuesday stayed the operation of a Jharkhand High Court's order which allowed the claim in the case of a motor accident, that occurred a day prior to the coverage of the insurance period, but in which the insurance premium was paid on the very day of the accident.The Bench of Justice Sanjay Kishan Kaul and Justice …

Refusal To Condone Delay For Appeal Under Section 34 Of Arbitration Act Appealable Under Section 37 : Supreme Court
4 years, 1 month ago

Refusal To Condone Delay For Appeal Under Section 34 Of Arbitration Act Appealable Under Section 37 : Supreme Court

Live Law  

In a significant verdict, the Supreme Court has held that an order refusing to condone the delay in filing an appeal under Section 34 of the Arbitration and Conciliation Act 1996 is appealable under Section 37 of the Act. ".the question of law is answered by stating that an appeal under section 37of the Arbitration Act, 1996 would be maintainable …

Delay of More Than 120 Days In Filing Arbitration Appeal Under Section 37 Cannot Be Condoned: SC [Read Judgment]
5 years, 3 months ago

Delay of More Than 120 Days In Filing Arbitration Appeal Under Section 37 Cannot Be Condoned: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a delay of more than 120 days in filing appeal under Section 37 of the Arbitration and Conciliation Act is not liable to be condoned.In M/S N.V. International vs. State Of Assam, an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 was filed challenging an order by District Judge rejecting a …

Application Before Court Seeking Interim Measure Of Protection Maintainable Even After Passing Of Arbitration Award But Before It Is Enforced: Kerala HC [Read Judgment]
6 years, 4 months ago

Application Before Court Seeking Interim Measure Of Protection Maintainable Even After Passing Of Arbitration Award But Before It Is Enforced: Kerala HC [Read Judgment]

Live Law  

‘It would not be proper for the Court to reject the application merely on the ground that he has got efficacious remedy under Section 17 of the Act.’The Kerala High Court has held that application under Section 9 of the Arbitration and Conciliation Act, 1996 seeking an interim measure of protection is maintainable even after passing of the award by …

Application Before Court Seeking Interim Measure Of Protection Maintainable Even After Passing Of Arbitration Award But Before It Is Enforced: Kerala HC [Read Judgment]
6 years, 4 months ago

Application Before Court Seeking Interim Measure Of Protection Maintainable Even After Passing Of Arbitration Award But Before It Is Enforced: Kerala HC [Read Judgment]

Live Law  

‘It would not be proper for the Court to reject the application merely on the ground that he has got efficacious remedy under Section 17 of the Act.’The Kerala High Court has held that application under Section 9 of the Arbitration and Conciliation Act, 1996 seeking an interim measure of protection is maintainable even after passing of the award by …

No Intra-Court Appeal Against Condonation Of Delay By Single Judge In Plea To Set Aside Arbitration Award: SC [Read Judgment]
7 years, 11 months ago

No Intra-Court Appeal Against Condonation Of Delay By Single Judge In Plea To Set Aside Arbitration Award: SC [Read Judgment]

Live Law  

The question as to whether the learned Single Judge had rightly exercised the discretion or otherwise could be assailed by the respondent before this court by way of special leave petition, the bench said.The Supreme Court, in Union of India vs M/S Simplex Infrastructures, has reiterated that intra-court Letters Patent Appeal under clause 15 of the Letters Patent of High …

Govt. has to be a Model and Ideal Litigant; ‘Delay’ not to be condoned merely because the applicant is the State: Bombay HC [Read Judgment]
8 years, 8 months ago

Govt. has to be a Model and Ideal Litigant; ‘Delay’ not to be condoned merely because the applicant is the State: Bombay HC [Read Judgment]

Live Law  

The Government, being the largest litigant, has to be a model and ideal litigant, a division bench of the Bombay High Court comprising of Justices S.C. Dharmadhikari and Dr. Shalini Phansalkar Joshi has observed while refusing to condone the delay by the Government in preferring Appeals. In another notice of motion filed, the delay was attributed to “the various internal …

Appellate authorities under Special Statutes cannot be asked to condone the delay, beyond extended period of limitation: Madras HC [Read Judgment]
8 years, 9 months ago

Appellate authorities under Special Statutes cannot be asked to condone the delay, beyond extended period of limitation: Madras HC [Read Judgment]

Live Law  

Madras High Court in R.Gowrishankar vs. The Commissioner of Service Tax has held that Appellate authorities cannot be asked to condone the delay, beyond the extended period of limitationA Division Bench comprising of Justices S. Manikumar and D. Krishnakumar, made this observation while considering an appeal filed against Single Bench order declining to set aside the order made in the. …

Delay in adjudication by Family Courts is against human rights and the basic embodiment of dignity of an individual: SC [Read the Judgment]
10 years, 8 months ago

Delay in adjudication by Family Courts is against human rights and the basic embodiment of dignity of an individual: SC [Read the Judgment]

Live Law  

A Supreme Court bench comprising of Justice Dipak Misra and Justice V. Gopala Gowda observed that a delay in adjudication by the Family Court is not only against human rights but also against the basic embodiment of dignity of an individual. The Court referred to the case of Shail Kumari Devi and another v. Krishan Bhagwal Pathak alias Kishun B. …

Delay in adjudication by Family Courts is against human rights and the basic embodiment of dignity of an individual: SC [Read the Judgment]
10 years, 8 months ago

Delay in adjudication by Family Courts is against human rights and the basic embodiment of dignity of an individual: SC [Read the Judgment]

Live Law  

A Supreme Court bench comprising of Justice Dipak Misra and Justice V. Gopala Gowda observed that a delay in adjudication by the Family Court is not only against human rights but also against the basic embodiment of dignity of an individual. The Court referred to the case of Shail Kumari Devi and another v. Krishan Bhagwal Pathak alias Kishun B. …

Why delay by CBI in filing appeal in Babri case, asks SC
11 years, 11 months ago

Why delay by CBI in filing appeal in Babri case, asks SC

The Hindu  

A responsible senior law officer should file an affidavit for the delay by the CBI in filing an appeal in the Babri Masjid demolition case, the Supreme Court said on Tuesday. The entirety of the case shows the recklessness of the institution.” Justice Dattu told counsel, “Basically, the delay seems to be on the part of the law officer, who …

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