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Bombay High Court Allows Petition in Partition Suit — Remands for Framing of Limitation Issue. Order 41 Rule 25 CPC empowers appellate court to frame additional issue when trial court fails to frame issue on limitation despite plea raised in written statement.

The petitioner, Latif Karim Sahab Shaikh, filed a writ petition challenging the order dated 09.06.2022 passed by the Adhoc District Judge-2, Bhoom, re...

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Bombay High Court Considers Limitation Plea in Suit Alleging Fraud and Late Delivery of Goods Shipped Under Bill of Lading. Defendants Seek Dismissal of Suit on Grounds of One-Year Limitation Period Under Article III(6) of the Carriage of Goods by Sea Act, 1925.

(1) Background: The plaintiff, a Korean company, entered into a contract with Indian exporters for the purchase of cold rolled steel sheets to be ship...

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Bombay High Court Dismisses Application for Appointment of Arbitrator in Development Agreement Dispute, Holding Claim Time-Barred. Court Refuses to Condon 15-Day Delay Under Section 5 of Limitation Act, 1963, Relying on HPCL Bio-Fuels and Emphasizing Need for Exceptional Circumstances.

The dispute arose from a Development Agreement dated March 31, 2016 between the applicant-developer and the respondent-cooperative housing society for...

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High Court Dismisses Revenue's Appeal in TDS Limitation Case Upholding Quarterly Computation. Limitation Period Under Section 201(3) of Income Tax Act, 1961 Runs Separately for Each Quarter from End of Financial Year in Which TDS Return Filed, Not Cumulatively Annually.

The appeal arose from an order of the Income Tax Appellate Tribunal, Pune dated 12 March 2018 concerning proceedings under Section 201(1) of the Incom...

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Bombay High Court Allows Writ Petition Challenging Dismissal of Execution Application for Arbitral Award on Limitation Grounds. Execution of Arbitral Award is Governed by Article 137 of Limitation Act, 1963, Not Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Mahindra & Mahindra Financial Services Ltd., had granted a loan of Rs.3,95,000 to respondent No.1 for purchasing a tractor, with respo...