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“The breach continued only during the period of the contract and not upon its expiry. The Court observed that the breach was continuous, but only during the subsistence of the contract. Once the contractual period fixed by the parties had expired, the breach could no longer be considered ongoing.”
“The compliance as required to be done by the tenant in Section 7(1)(a)(b)(c) and first part of Section 7(2) of the WBPT Act regarding deposit of rent and filing an application within the same time is mandatory”.
by Abhisaar Bairagi*, Milind Sharma** and Ausaf Ayyub***
“A legal right accrued to a party to get a document registered as per the provisions of the Registration Act cannot stand defeated when reasons which exists are beyond the control of the party presenting the document for registration.”
by Anirudh Goyal* and Jaspreet Singh**
Arbitration and Conciliation Act, 1996 — S. 11(6) — Substantive claims of petitioner whether time-barred i.e. issue of limitation requiring intricate evidentiary
“The right to sue under Article 113 of the Limitation Act accrues when there is an accrual of rights asserted in the suit and an unequivocal threat by the defendant to infringe the right asserted by the plaintiff in the suit.”
“When the suit is based on the title for possession, once the title is established on the basis of relevant documents and other evidence unless the defendant proves adverse possession for the prescriptive period, the plaintiff cannot be non-suited.”
“Though the Government adopts systematic approach in handling the legal issues and preferring the petitions/applications/appeals well within the time, due to the fault on the part of the officials in merely communicating the information on time, huge revenue loss will be caused to the Government exchequer.”
by Akash Hogade†
Calcutta High Court emphasized the distinction between vigilant litigants and those contributing to unnecessary delays in the arbitration process, ultimately ruling in favor of the petitioner.
National Company Law Appellate Tribunal, Delhi: The Bench of Anant Bijay Singh, J., Judicial Member, and Shreesha Merla, Technical Member,
Supreme Court: The bench of AM Khanwilkar* and Dinesh Maheshwari, JJ has held that for invoking Section 17 of the Limitation Act,
Overview Civil Procedure Code, 1908 with Limitation Act, 1963 alongwith Special Amendments by Act 4 of 2016 and Commercial Courts Act, 2015 The