Search Results Page
Search Results
1 - 10 of 32 (0.37 seconds)Section 5 in The Limitation Act, 1963 [Entire Act]
The Arbitration And Conciliation Act, 1996
Section 13 in THE COMMERCIAL COURTS ACT, 2015 [Entire Act]
M/S N.V. International vs The State Of Assam on 6 December, 2019
The High Court was
bound to follow N.V. International [N.V. International v. State of
Assam, (2020) 2 SCC 109 : (2020) 1 SCC (Civ) 275] , as on the
date of the judgment of the High Court, N.V. International [N.V.
International v. State of Assam, (2020) 2 SCC 109 : (2020) 1 SCC
(Civ) 275] was a judgment of the two learned Judges of the
Supreme Court binding upon the High Court by virtue of Article
141 of the Constitution. On this score, the impugned judgment of
the High Court deserves to be set aside.
Govt. Of Maharashtra And Others (Water ... vs M/S. Borse Brothers Engineers And ... on 17 December, 2020
39. Further, the aforesaid provision does not refer about the
applicability of Section 5 of the Limitation Act, as per the original
enactment. However, the Hon'ble Apex Court in the case of
Government of Maharashtra (Water Resources Department)
represented by Executive Engineer v. Borse Brothers Engineers and
Contractors Private Limited (Supra) has taken into consideration the
aforesaid issue by taking into consideration the fact that the rigid
principle of Section 5 of the Limitation Act is not applicable in the
Arbitration and Conciliation Act, 1996 but the applicability of Section
5 of the Limitation Act, 1996 has been made applicable with all rigidity
if the provision of Section 13 of the Commercial Courts Act, 2015 will
be taken into consideration.
Section 34 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Consolidated Engg.Enterprises vs Principal Secy. Irrigation Deptt. & Ors on 3 April, 2008
The judgment of the High Court is wholly
incorrect inasmuch as Consolidated Engg. [Consolidated Engg.
Enterprises v. Irrigation Deptt., (2008) 7 SCC 169] was a
judgment which applied the provisions of Section 14 of the
Limitation Act and had nothing to do with the application of
Section 5 of the Limitation Act.
Section 13 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The State Of Maharashtra vs Dhiraj Udayrao Borse on 11 September, 2019
Engineers & Contractors (P) Ltd., 2020 SCC OnLine
Bom 10453] , has found that the Government of Maharashtra had
not approached the court bona fide, as follows : (Borse Brothers
case [State of Maharashtra v. Borse Bros. Engineers & Contractors
(P) Ltd., 2020 SCC OnLine Bom 10453] , SCC OnLine Bom para