Articles for Section 14 Of

Benefit Of S.14 Of Limitation Act Extends To Delayed Filing Of Petition U/S 34 Of A&C Act Due To Prosecution In Good Faith In Another Court: Bombay HC
4 days, 13 hours ago

Benefit Of S.14 Of Limitation Act Extends To Delayed Filing Of Petition U/S 34 Of A&C Act Due To Prosecution In Good Faith In Another Court: Bombay HC

Live Law  

The Bombay High Court bench of Justices G. S. Kulkarni and Advait M. Sethna has held that the benefit of Section 14 of the Limitation Act, 1963 can be extended to the petitioner who committed delay in filing an application to set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 due to the prevailing …

Arbitration Court Application Limitation Act Writ Limitation Proceedings
Time Spent Before 'Wrong' Court Excluded U/S 14 Of Limitation Act While Calculating Limitation Period U/S 34 Of Arbitration Act: Delhi High Court
3 weeks, 2 days ago

Time Spent Before 'Wrong' Court Excluded U/S 14 Of Limitation Act While Calculating Limitation Period U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Dharmesh Sharma has held that during the calculation of the limitation period of three months for the application under Section 34 of the Act, the time during which the applicant was prosecuting such application before the wrong court is excluded. Brief Facts of the case: The appellant has filed an appeal under Section …

Delhi Court Delhi High Court Application Limitation Act Limitation Act
Supreme Court Annual Digest 2024 [Arbitration And Conciliation Act]
3 weeks, 5 days ago

Supreme Court Annual Digest 2024 [Arbitration And Conciliation Act]

Live Law  

Section 33 - Although the Arbitral Tribunal becomes functus officio after passing an award, it would still retain the limited jurisdiction to clarify or correct errors in an award. Ltd. v. Kamarajar Port Ltd, 2024 LiveLaw 852 Section 11 - Arbitration Clause in Public Premises Disputes – Applicability of the Public Premises Act, 1971 vis-à-vis the Arbitration and Conciliation Act, …

India Supreme Court Arbitration Public Policy West Bengal Indian Conciliation
Delhi High Court Upholds Arbitral Award Against IRCTC In Dispute Over Reimbursement For Catering Services, Sets Aside Interest As 'Patently Illegal'
1 month, 2 weeks ago

Delhi High Court Upholds Arbitral Award Against IRCTC In Dispute Over Reimbursement For Catering Services, Sets Aside Interest As 'Patently Illegal'

Live Law  

The Delhi High Court bench comprising Justice Navin Chawla and Justice Shalinder Kaur has reiterated the limited scope of interference under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996. Brief Facts: The Respondent and the Claimant filed cross-appeals under section 37 of the Arbitration and Conciliation Act, 1996 challenging the order dated 13.08.2024 passed by the Single …

Judgment Court Services Welcome Order Interest Second
Supreme Court Annual Digest 2024: Land Laws
1 month, 2 weeks ago

Supreme Court Annual Digest 2024: Land Laws

Live Law  

LAND LAWS - SUPREME COURT ANNUAL DIGEST 2024 Tamil Nadu Town and Country Planning Act, 1972; Sections 36, 37, and 38 - Acquisition and release of land designated for public purposes - The suit land, originally shown in private ownership in the 1978 and 1981 Layout Plans, was reserved for "public purpose" under the Tamil Nadu Town and Country Planning …

India Supreme Court High Court Constitution Compensation Court Specific Performance
Supreme Court Monthly Digest- December 2024 With Statute And Subject Wise Index
1 month, 3 weeks ago

Supreme Court Monthly Digest- December 2024 With Statute And Subject Wise Index

Live Law  

Acquittal Court, while acquitting the accused, cannot order that he must be subjected to re-investigation for the same offence. v. Union of India, 2024 LiveLaw 1049 Order 7 Rule 11 CPC – Limitation Act, 1963; Article 59 - Rejection of Plaint – Suit for cancellation of a registered sale deed - Limitation - Whether the High Court was justified in …

India Delhi Supreme Court High Court Rare Constitution Uttar Pradesh
If no 'exceptional hardship', 2 Hindus can't dissolve marriage within a year: Court
2 months ago

If no 'exceptional hardship', 2 Hindus can't dissolve marriage within a year: Court

India Today  

The Allahabad High Court has observed that marriage between two Hindus is sacrosanct, and it cannot be dissolved within one year of marriage unless there is exceptional hardship or exceptional depravity as provided under the Hindu Marriage Act. A double-judge bench comprising Justice Ashwani Kumar Mishra and Justice Donadi Ramesh noted that Section 14 provides for a one-year limitation from …

Marriage Court Hindus One Year Exceptional Hardship Section 14 Of The Act Exceptional
Bombay High Court Annual Digest 2024 [Part III]
2 months, 1 week ago

Bombay High Court Annual Digest 2024 [Part III]

Live Law  

Citations 2024 LiveLaw 436 – 2024 LiveLaw 654: Repeatedly Following A Minor Girl, Trying To Express Love Despite Her Disinclination Is Sexual Harassment Under POCSO Act: Bombay High Court Case Title: Mituram Udayram Dhurve vs State of Maharashtra Citation: 2024 LiveLaw 436 In a significant ruling, the Nagpur bench of the Bombay High Court held that if a boy repeatedly …

Social Media India Trust Delhi Mumbai High Court Sexual Assault
Arbitration Cases Annual Digest 2024
2 months, 3 weeks ago

Arbitration Cases Annual Digest 2024

Live Law  

Supreme Court Supreme Court Issues Notice On Plea Challenging Validity Of Section 3G Of National Highways Act Case Title: B.D. High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A Arbitration Act : Supreme Court Case Title: CHIEF ENGINEER PWD VERSUS M/S BSC & C and C JV Citation : 2024 LiveLaw 425 …

India Justice Supreme Court High Court Writ Petition Arbitration Constitution
Arbitration Cases Quarterly Digest: October To December 2024
Trending News
2 months, 4 weeks ago

Arbitration Cases Quarterly Digest: October To December 2024

Live Law  

Supreme Court Case Title: R.P. Agreement Between Parties Must Be Given Primacy When Deciding Petition U/S 9 Of Arbitration Act: Delhi High Court Case Title: M/S INNOVATIVE FACILITY SOLUTIONS PVT LTD v. M/S AFFORDABLE INFRASTRUCTURE Citation: 2024 LiveLaw 1192 The Delhi High Court Bench of Mr. Justice Jasmeet Singh held that the role of the court under section 9 of …

India Justice High Court Arbitration Constitution Court Public Policy
S. 14 Limitation Act Applicable To Arbitration & Conciliation Act : Supreme Court
3 months, 2 weeks ago

S. 14 Limitation Act Applicable To Arbitration & Conciliation Act : Supreme Court

Live Law  

The Supreme Court has held that Section 14 of the Limitation Act, 1963 is applicable to the Arbitration and Conciliation Act, 1996.Section 14 of the Limitation Act provides for the exclusion of the time spent in pursuing bona fide proceedings in a wrong forum from the computation of the period of limitation.A bench comprising Justice PS Narasimha and Justice Manoj …

Supreme Court Court Limitation Act Section 14 Of
Liberty To File Fresh Application Not Fresh Cause Of Action, Limitation U/S 34(3) Of Arbitration Act Cannot Be Extended: Delhi High Court
4 months ago

Liberty To File Fresh Application Not Fresh Cause Of Action, Limitation U/S 34(3) Of Arbitration Act Cannot Be Extended: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee have held that mere liberty to file a fresh application before the competent Court does not amount to a fresh cause of action occurring in the appellant's favour. The relevant date of the Award always remained unchanged, and therefore even after availing the benefit of the period …

Court Application Limitation Held Period Act Filed
Arbitration Cases Half Yearly Digest: January To June 2024
8 months, 2 weeks ago

Arbitration Cases Half Yearly Digest: January To June 2024

Live Law  

Supreme Court High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A Arbitration Act : Supreme Court Case Title: CHIEF ENGINEER PWD VERSUS M/S BSC & C and C JV Citation : 2024 LiveLaw 425 The Supreme Court held that a High Court which does not have original civil jurisdiction does not have …

India Justice Delhi Supreme Court High Court Arbitration Court
Duty Of Labour Commissioner To Refer Application For Maternity Benefits To Inspector Even If Erroneously Submitted: Madhya Pradesh High Court
10 months, 3 weeks ago

Duty Of Labour Commissioner To Refer Application For Maternity Benefits To Inspector Even If Erroneously Submitted: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court single bench of Justice Subodh Abhyankar held that even if the application for maternity benefits was erroneously submitted by an employee before the Labour Commissioner, it is the duty of the Commissioner to refer the same to the Inspector as provided under Section 17 of the Maternity Benefit Act, 1961 Brief Facts: The Petitioner, employed …

High Court Labour Act Commissioner Maternity Inspector Petitioner
[S.14 SARFAESI Act] District Magistrates Can't Adjudicate On Application For Taking Possession Of Secured Assets, Constantly Breaching Law: Punjab & Haryana HC
11 months ago

[S.14 SARFAESI Act] District Magistrates Can't Adjudicate On Application For Taking Possession Of Secured Assets, Constantly Breaching Law: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that the District Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is only an executing functionary and not empowered to make any adjudication on the application made by the creditors for taking possession of the secured assets.Observing. The Punjab …

Representation Court Bank Application Punjab District Act
Arbitration Monthly Round-Up -March 2024
11 months, 3 weeks ago

Arbitration Monthly Round-Up -March 2024

Live Law  

Supreme Court Court May Refuse To Appoint Arbitral Tribunal If S.11 Petition Is Barred By Limitation Or Claim Is Ex-Facie Time Barred : Supreme Court Case Title: M/s Arif Azim Co. Ltd. Without Copy of Challenged Arbitral Award, Impossible To Consider Grounds To Set Aside Award: Delhi High Court Dismisses Section 34 Petition Case Title: Spml Infra Limited vs Ntpc …

India Delhi High Court Arbitration Railways Court International Standards
Annual Digest of Arbitration Cases 2023- Supreme Court And High Courts (Part-1)
1 year, 2 months ago

Annual Digest of Arbitration Cases 2023- Supreme Court And High Courts (Part-1)

Live Law  

Supreme Court Arbitration Clauses In Unstamped Agreements Enforceable : Supreme Court 7-Judge Bench Overrules 'NN Global' Decision Case Title: In Re Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899 Curative Pet No. Besides the uncertainties listed above, the 10,000 MTs of Met Coke has admittedly not been sold till date and …

India Justice Delhi Supreme Court High Court Arbitration Court
NCLAT New Delhi: Operational Creditor Not Entitled To Benefit U/S 14 Of Limitation Act When Suit Filed By It Was Withdrawn By Itself Without Any Liberty To Institute Fresh suit
1 year, 4 months ago

NCLAT New Delhi: Operational Creditor Not Entitled To Benefit U/S 14 Of Limitation Act When Suit Filed By It Was Withdrawn By Itself Without Any Liberty To Institute Fresh suit

Live Law  

The National Company Law Appellate Tribunal Principal Bench, New Delhi comprising Mr. Justice Ashok Bhushan, Mr. Barun Mitra, and Mr. Arun Baroka held that an Operational Creditor is not entitled for benefit of Section 14 of the Limitation Act where the Suit filed by it was withdrawn on its own application without any liberty to institute a fresh suit. The …

Operational Creditor Operational Application Limitation Act Order Limitation Suit
Monthly Digest Of IBC Cases: September 2023
1 year, 5 months ago

Monthly Digest Of IBC Cases: September 2023

Live Law  

Supreme Court Case Title: Eva Agro Feeds Private Limited V. Punjab National Bank & Anr., Civil Appeal No. 971, 972 & 973 of 2023 The National Company Law Appellate Tribunal, New Delhi Bench, comprising of Justice Ashok Bhushan and Shri Barun Mitra, has held that IBC provisions do not indicate that all information collected by the Resolution Professional is required …

Law India Delhi Mumbai Corporate Court Insolvency
Challenge Relating To The Bias Of An Arbitrator Cannot Be Raised Under Section 14 Of The A&C Act: Delhi High Court
2 years, 3 months ago

Challenge Relating To The Bias Of An Arbitrator Cannot Be Raised Under Section 14 Of The A&C Act: Delhi High Court

Live Law  

The High Court of Delhi has held a challenge to the mandate of the arbitrator on the ground of bias and a justifiable doubt with respect to the independence and impartiality cannot be raised under Section 14 of the A&C Act. The bench of Justice Yashwant Varma held that Section 14 of the Act confers the power on the Court …

Court Bias Schedule Tribunal Mandate Act Challenge
Time Spent On Application Under Section 8 Of A&C Act, Not Excludable For Computation Of Limitation For Counter Claim: Delhi High Court
2 years, 3 months ago

Time Spent On Application Under Section 8 Of A&C Act, Not Excludable For Computation Of Limitation For Counter Claim: Delhi High Court

Live Law  

The Delhi High Court has ruled that in a suit filed by a party, the time spent by the opposite party in pursuing its application under Section 8 of the Arbitration and Conciliation Act, 1996, cannot be excluded for the purpose of computation of the limitation period for filing the counter-claims by the opposite party before the Arbitral Tribunal. Section …

Court Delhi High Court Application Limitation Tribunal High Respondent
NCLAT Chennai Condones Delay Of 147 Days In Filing Appeal,The Time Spent On Bonafide Litigation
2 years, 4 months ago

NCLAT Chennai Condones Delay Of 147 Days In Filing Appeal,The Time Spent On Bonafide Litigation

Live Law  

The National Company Law Appellate Tribunal, Chennai Bench, comprising of Justice M. Venugopal and Shri Naresh Salecha, while adjudicating an appeal filed in M.K. Alongwith the appeal, the Appellants filed an Interim Application before the NCLAT seeking exclusion of the period from 25.01.2022 till 22.06.2022 in computing the period of Limitation of the Appeal. Further, if the period of 147 …

Appeal Court Order Limitation Delay Tribunal High
Award Passed By A Unilaterally Appointed Arbitrator Is Non-Est, It Cannot Be A Bar To The Maintainability Of Petition Under Section 11 Of The A&C Act: Delhi High Court Reiterates
2 years, 6 months ago

Award Passed By A Unilaterally Appointed Arbitrator Is Non-Est, It Cannot Be A Bar To The Maintainability Of Petition Under Section 11 Of The A&C Act: Delhi High Court Reiterates

Live Law  

The High Court of Delhi has held that an award passed by a unilaterally appointed arbitrator is non-est, therefore, it cannot be a bar to the maintainability of a petition under Section 11 of the A&C Ac. The bench of Justice Sanjeev Narula held that passing of an award would not give sanctity to the non-est proceedings and the mere …

Court High Respondent Proceedings Act Award Petition
Licensing Authority Can Refuse To Grant Arms Licence Only On The Grounds Enumerated In Section 14 Of Arms Licence Act: Punjab And Haryana High Court
2 years, 10 months ago

Licensing Authority Can Refuse To Grant Arms Licence Only On The Grounds Enumerated In Section 14 Of Arms Licence Act: Punjab And Haryana High Court

Live Law  

Punjab and Haryana High Court while dealing with a petition challenging the order and appeal whereby the application for grant of arms license has been rejected, held that the reasons assigned for dismissing an application cannot be different from the ones prescribed under Clause and of Section 14 of the Arms Act, 1959. Court placed reliance on Section 14 of …

Court Licensing Licence Act Grant Arms Reasons