State of Jharkhand through SP, CBI occasioned a delay of 157, 113 and 222 days in filing appeals before the SC against Lalu Prasad [Crl. A. 394/2017], Sajal Chakraborty [Crl. A. 393/2017] & Dr. Jagannath Mishra [Crl. A. 395/2017]. It was submitted by Ram Jethmalani that the averments made in the applications seeking condonation of […]
Read more "Condonation of Delay V: 157, 113, 222"In Domestic Arbitrations, if an order is not appealable under Section 37(1) of The Arbitration Act, it would not be subject to appeal under The Letters Patent of a High Court. My Lord, Is an order of a Single Judge, on an application under Section 34(3) of The Arbitration Act, appealable to a Division Bench? […]
Read more "Section 37 of The Arbitration Act I"“There is inordinate delay of 1186 days in filing the SLPs.” “There is gross delay of almost 3 1/2 years in challenging the judgment rendered in the Writ Appeal and no explanation much less cogent explanation has been given by the Appellant.” “There is no reason to condone the delay.” – Hon’ble Justice C. Nagappan, […]
Read more "Condonation of Delay IV: 1186"My Lord, Does the Appellate Tribunal under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”) have the power to condone delays in filing an appeal under Section 18(1) of the said Act? “Section 18(2) of the SARFAESI Act provides that the Appellate Tribunal shall follow the provisions […]
Read more "Condonation of Delay III: Section 18, SARFAESI Act Appeals"Defendants were set ex-parte, in a suit praying for refund of an advance amount with interest . There was a delay of 355 days in filing the Application to set aside the ex-parte decree. The Principal District Judge, Thanjavur condoned the 355-day delay subject to the condition that the Defendant deposit the entire Principal Prayed Amount. […]
Read more "Condonation of Delay II: 355"A Bank sanctions a loan. A tractor is bought. The tractor meets with an accident and on the date of the accident the tractor is uninsured. Can the owner of the tractor pass on his liability under Section 196 of the Motor Vehicles Act, 1988 to the Bank? In Central Bank of India v. Jagbir […]
Read more "Condonation of Delay I: 230"