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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Upholds Exclusion of 16 Acres from Partition. Court holds that suit for partition of property in exclusive possession of co-owner for over 12 years is barred by limitation under Article 65 of Limitation Act, 1963.

The appellants, plaintiffs in the original suit, filed a suit for partition of suit properties including 16 acres of land in Sy.No.703. The trial cour...

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Bombay High Court Allows Arbitration Appeal, Sets Aside Remand Order: Limitation for Section 34 Application Runs from Service of True Copy of Award, Not from Unsigned Original. Party Serving Certified True Copy Cannot Later Challenge Award's Validity on Ground of Lack of Signatures.

The appellant, Ramdeobaba Charitable Society, challenged an order of the Principal District Judge dated 22 September 2016, which condoned the delay in...

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Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

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Supreme Court Allows Contractor’s Claim for Enhanced Rates in Construction Contract Despite Limitation Defence. Suit for Enhanced Rates Held Governed by Residuary Article 120 of Limitation Act, 1908, Not by Article 56 or 115.

The Government of India invited tenders for reinforced concrete work at Sindri Fertilizer Factory. The appellant company's tender was accepted on Nove...

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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 Dismisses Appeal in Municipal Corporation Dispute — Suit Barred by Limitation. Notice under Section 351 of Mumbai Municipal Corporation Act, 1888 issued in 1994; suit filed in 2001 held time-barred as cause of action arose on notice date.

The appellant, Satish Dalichand Shah, claimed to be a monthly tenant of a shop premises in Mumbai. On 23rd May, 1994, the Municipal Corporation of Gre...

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Supreme Court Dismisses Appeal in Wakf Property Dispute — Suit Barred by Limitation Under Section 6 of Wakf Act, 1954. One-Year Limitation Period for Challenging Wakf Publication Cannot Be Extended by Notice Requirement Under Section 56.

The appellant, Syed Zainul Abedeen, filed a suit under Section 6 of the Wakf Act, 1954, seeking a declaration that the property Mandarja Madnumber 14 ...