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Bombay High Court Dismisses Revision Against Rejection of Order 7 Rule 11 Application in Suit for Recovery — Limitation is a Mixed Question of Fact and Law Not Decided at Threshold. Plaint Averments Show Cause of Action Arose in 2010, Suit Filed Within Three Years, Not Barred by Limitation.

The applicants (original defendants) filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the order ...

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Bombay High Court Dismisses Admiralty Suits as Time-Barred Under Limitation Act. Claims for Loss of Vessel and Cargo Filed Beyond Three-Year Limitation Period from Date of Vessel's Sinking.

The judgment concerns two admiralty suits filed in the Bombay High Court. Admiralty Suit No.3 of 2011 was filed by the time charterer of the vessel 'N...

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Bombay High Court Dismisses Employer's Writ Petition Challenging Rejection of Appeal Under Payment of Gratuity Act Due to Limitation. Appellate Authority Under Section 7(7) of Payment of Gratuity Act, 1972 Has No Power to Condone Delay Beyond 60 Days.

The petitioner, Nanded Zilla Dekhrekh Sahakari Sanstha Maryadit, challenged the order of the Industrial Court (appellate authority) dated 28.11.2016, ...

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Madras High Court Considers Appeal Against Order Setting Aside Arbitral Award in Berth Reservation Dispute. Court Examines Whether the Claim Was Barred by Limitation and Whether the Award Was Patently Illegal Under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996.

The judgment of the Madras High Court in OSA (CAD) No. 39 of 2021 involved an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, a...

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Supreme Court Dismisses Appeal in Pre-emption Case, Holding Limitation Runs from Each Sale Under Rajasthan Pre-Emption Act, 1966. Each Sale of Property Gives Fresh Cause of Action for Pre-emption, and Failure to Challenge Earlier Sales Does Not Bar the Right Under Article 97 of Limitation Act, 1963.

The appeal arose from a suit for pre-emption filed by the predecessor-in-interest of respondent No.1 (original plaintiff) against the appellant and ot...

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High Court of Karnataka Dismisses Appeal for Condonation of Delay in Arbitration Matter — Delay of 270 Days Not Sufficiently Explained. Internal administrative procedures do not constitute sufficient cause for condonation of delay under Section 5 of the Limitation Act, 1963.

The case involves an appeal filed by the National Highways Authority of India (NHAI) and the Special Land Acquisition Officer against an order dated 3...