Articles for Section 14 Of

S. 14 Limitation Act Applicable To Arbitration & Conciliation Act : Supreme Court
1 week, 5 days 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
3 weeks, 6 days 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
5 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
7 months, 2 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
7 months, 4 weeks 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
8 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)
11 months, 2 weeks 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, 1 month 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, 2 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 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 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
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, 3 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, 7 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
Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived
2 years, 8 months ago

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived

Live Law  

The Madhya Pradesh High Court recently held that the period of one year of living in separation is a must to the filing of an application for divorce by mutual consent under Section 13B of the Hindu Marriage Act and that waiver of this period under Section 14 of the Act is not permissible. The Court examined the provisions under …

Marriage Court Mutual Consent Divorce Hindu Marriage Act Application Period
Order XXIII Rule 1(4) CPC Not Applicable To Application Challenging Arbitral Award U/S 34 Arbitration & Conciliation Act: Patna High Court
2 years, 10 months ago

Order XXIII Rule 1(4) CPC Not Applicable To Application Challenging Arbitral Award U/S 34 Arbitration & Conciliation Act: Patna High Court

Live Law  

The Patna High Court has held that an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award is not a suit. Justice Anil Kumar Sinha rejected the petitioner's argument that liberty to file a fresh application was not sought by the Respondent while withdrawing its earlier application, and observed, "As per Section 19 …

Procedure Court Application Order Case Act Filed
Proceedings Under SC-ST Act Not Vitiated Merely Because Cognizance Was Taken By Magistrate: Supreme Court
3 years, 1 month ago

Proceedings Under SC-ST Act Not Vitiated Merely Because Cognizance Was Taken By Magistrate: Supreme Court

Live Law  

The Supreme Court observed that criminal proceedings under SC-ST Act, is not vitiated merely because the magistrate had taken cognizance and committed the case to Special Court.The bench of Justices MR Shah and Aniruddha Bose observed that the insertion of second proviso to Section 14 of the Act only gives additional powers to the Special Court to take cognizance. The …

Supreme Court Court Criminal Criminal Procedure Speedy Trial State Government Criminal Proceedings
IBC - The Journey So Far – Part II
3 years, 4 months ago

IBC - The Journey So Far – Part II

Live Law  

JOURNEY ON THE LEGAL FRONT The factors which could be said to be key for rapid and successful stabilization of the legal positions, have been timely initiatives by the Government by introducing timely amendment in the Code wherever needed and some landmark judgments by the Supreme Court which helped in accelerating the process and cutting short the time. This amendment …

Supreme Court Court Resolution Corporate Debtor Bank Companies Act Application
[SARFAESI] Time Limit Stipulation For District Magistrates To Deliver Possession Of Secured Asset Is Not Mandatory: Supreme Court [Read Judgment]
4 years, 1 month ago

[SARFAESI] Time Limit Stipulation For District Magistrates To Deliver Possession Of Secured Asset Is Not Mandatory: Supreme Court [Read Judgment]

Live Law  

The Supreme Court has held that time limit stipulation in Section 14 of the SARFAESI Act mandating the District Magistrate to deliver possession of a secured asset, is directory and not mandatory and that the inability to take possession within time limit does not render the District Magistrate Functus Officio.The bench comprising Justices L. Nageswara Rao, Hemant Gupta and Ajay …

Supreme Court Court High District Act Possession Limit