Search Results for "120 Days Limitation"

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Bombay High Court Dismisses Appeal Against Rejection of Plaint in Suit for Specific Performance — Suit Barred by Limitation. The court held that the plaint must be rejected under Order VII Rule 11(d) CPC when the suit is clearly barred by limitation based on the averments in the plaint.

The appellant, Romesh Satyanarayan Sharma, filed a suit for specific performance of an agreement to sell dated 15.07.2005 against the respondents, Mrs...

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Bombay High Court Quashes Condonation of Delay in Gratuity Appeal — Delay Beyond 120 Days Cannot Be Condoned Under Payment of Gratuity Act, 1972. Section 7(7) First Proviso Imposes Absolute Bar on Entertaining Appeal Filed After 120 Days from Receipt of Controlling Authority's Order.

The petitioner, Changunabai Sambhaji Gaware, a retired employee, filed a writ petition challenging the order of the Industrial Court dated 18.11.2014,...

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Bombay High Court Dismisses Appeal Against Order Condoning Delay of 129 Days in Arbitration Petition. Benefit of Section 14 of Limitation Act Extended as Earlier Filing in Delhi Court Was Bona Fide Despite Lack of Territorial Jurisdiction.

The dispute arose from an arbitral award passed on 25 February 2014. The respondent, Globe Capital Market Ltd., challenged the award by filing an arbi...

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Bombay High Court Full Bench adjudicates the limitation period for recovery of electricity charges under Section 56(2) of the Electricity Act, 2003. Conflicting Division Bench decisions on whether dues beyond two years can be recovered when not continuously shown as arrears are reconciled.

The case originated from a writ petition challenging an order of the Electricity Ombudsman regarding recovery of electricity dues for a period beyond ...

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Bombay High Court Allows Defendants to File Written Statement Beyond 120 Days in Pre-2015 Commercial Suit. Mandatory timeline under Commercial Courts Act, 2015 does not apply retrospectively to suits filed before the Act and transferred to Commercial Division.

The Bombay High Court addressed a preliminary legal question in a Notice of Motion arising from a Commercial Suit. The suit was originally filed in 20...