Beruflich Dokumente
Kultur Dokumente
III Term
Paper – LB - 302 - Limitation and Arbitration
Part - A : Limitation
Prescribed Legislation: The Limitation Act, 1963
Prescribed Books:
1. M.R. Mallick, B.B. Mitra The Limitation Act,, 1963 (22nd ed., 2011)
2. K. Shanmukham, Sanjiva Row’s The Limitation Act (9th ed., 2000)
(d) Effect of fraud or mistake (section 17), Effect of acknowledgment (section 18), effect
of payment (section 19), Effect of substituting or adding new plaintiff or defendant (section 21)
15. Mahabir Kishore v. State of M.P., AIR 1990 SC 313 54
16. State of Kerala v. T. M. Chacko (2000) 9 SCC 722 60
17. Tilak Ram v. Nathu, AIR 1967 SC 935 64
18. Sampuran Singh v. Niranjan Kaur (Smt.), AIR 1999 SC 1047 70
19. Karuppaswamy v. C. Ramamurthy, AIR 1993 SC 2324 75
Topic 3 : Acquisition of Ownership by Possession (Sections 25-27)
20. Rajender Singh v. Santa Singh, AIR 1973 SC 2537 79
Topic 4 : Saving of Other Laws (Section 29)
21. Shantilal M. Bhayani v. Shanti Bai, 1995 Supp (4) SCC 578 86
22. Mukri Gopalan v. Cheppilat Puthanpurayil Aboobacker,
AIR 1995 SC 2272 87
Topic 5 : The Schedule – Period of Limitation
(a) Article 54 – Limitation for specific performance of contract
23. Venkappa Gurappa Hosur v. Kasawwa, AIR 1997 SC 2630 96
(b) Article 113 – Any suit for which no period of limitation is provided elsewhere.
24. State of Punjab v. Gurdev Singh (1991) 4 SCC 1 97
(c) Article 136 – For execution of any decree (other than decree granting a mandatory
injunction) or order of any Civil Court.
(d) Article 137 – Limitation where no period is prescribed
25. Ajaib Singh v. Sirhind Cooperative Marketing-cum-Processing
Service Society Ltd., AIR 1999 SC 1351 101
Part - B : Arbitration and Conciliation
Prescribed Books:
1. O.P. Malhotra and Indu Malhotra, The Law and Practice of Arbitration and Conciliation
(2nd ed., 2006)
2. N.D. Basu, Law of Arbitration and Conciliation (2001)
3. Prafulla C. Pant, The Arbitration and Conciliation Act, 1996 (6th ed., 2001)
Recommended Books:
1. David St. John Sutton, John Kendall and Judith Gill, Russell on Arbitration
(21st ed., 1997)
2. H.C. Johari, Commentary on Arbitration and Conciliation Act, 1996 (2nd ed., 2002)
31. M.M.T.C. Limited v. Sterlite Industries (India) Ltd., (1996) 6 SCC 716 131
32. Narayan Prasad Lohia v. Nikunj Kumar Lohia, AIR 2002 SC 1139 134
33. Datar Switchgears Ltd. v. Tata Finance Ltd.,2000 (3) Arb. LR 44 (SC) 139
34. SBP & Co. v. Patel Engg. Ltd.., 2005 (8) SCC 618 143
35. Citation Infowares Limited v. Equinox Corporation,
2009(6) SCALE 430 166
36. Bhatia International v. Bulk Trading S.A., AIR 2002 SC 1432
3. (a) Discuss the types of legal disabilities covered under law of limitation along with
illustrations.
(b) What is the true meaning of expression. “Time requisite” for obtaining a copy of the
decree or order appealed from found in Sub section I of Sec. 12 of Limitation Act, 1963?
PART II
5. When the subject matter of Arbitration is taken in the court by filing a suit what ought to be
the judicial approach as per the law of the Arbitration. Can the court suo-moto send the suit to
the arbitral tribunal. Discuss with relevant case law on the subject. Can the Question relating
to winding-up of company be refered to an Arbitrator.
6. Critically evaluate the appointment of Arbitrators by the court under the light of SBP & Co.
V. Patel Engineering & other recent judgements of the Apex court.
7. What is the scope of court’s jurisdiction in case where award passed by the Arbitral tribunal
is challenged under Section 34 of Arbitration & Conciliation Act, 1996.
8. What is conciliation? Discuss all the important provision of conciliation briefly as given in
the Arbitration & Conciliation briefly as given in the Arbitration & Conciliation Act, 1996
under the light of the decided case; Haresh Daya Ram Thakur V. State of Maharashtra. (AIR
2000 SC 2281).
Note: Answer any five questions in all, selecting atleast one question from each Part. All
question carry equal marks
1. (a) “Limitation bars the remedy, but does not destroy the light.” Discuss and state the
exception, if any.
(b) Explain the true scope of the expression ‘time requisite in Section 12 of the Limitation
Act, 1963.
2. (a) What is the effect of fraud and mistake on limitation? Support your answer with the help
of decided cases.
(b) ‘A’ advanced a loan to ‘b’ on 01.01.2005. On 15.12.2007 ‘B’ wrote a letter to ‘c’ wherein
he stated that he owed the said sum of Rs. 1,000 to ‘A’. ‘A’ filed a suit on 15.11.2009 and
contented that though the suit has been filed three years after the advancing of the loan to
‘B’, the suit is in time in view of the admission of the liability in B’s letter to C. Can ‘A’
take advantage of the admission of the liability in the said letter to save limitation?
Decide with relevant statutory provisions. [Limitation Period— 3 Years]
3. (a) Cause of action accrued to a minor on 3rd May, 1996. He will attain majority on 7th June,
2000. Limitation for filing suit is only three years. Determine the date by which he should
file the suit. Support your answer with relevant statutory provisions and case laws.
(b) A incurs a debt to a firm of which E, F and G are partners. E and F are insane and G is a
minor when does the period of limitation run against them? Discuss in light of sections 6
and 7 of Limitation Act, 1963.
4. (a) What are the guiding principles for condonation of delay under Section 5 of the
Limitation Act, 1963?
(b) A State Government files an application in the High Court for condonation of delay in
filing an appeal on the ground that delay was caused in routing the matter through its law
department. Can this reason be accepted?
Is the position of government and private individuals same under Section 5?
PART II
5. (a) “Success of an arbitration proceeding depends upon the underlying arbitration clause.” In
the light of this statement, explain what are the ingredients of a good arbitration clause.
(b) ‘A’ and ‘B’ entered into an Arbitration Agreement in 1994 which provided that each
party shall nominate one Arbitrator and the Arbitrators so nominated shall appoint an
Umpire before proceeding with reference. A dispute referable to arbitrators arose
between ‘A’ and ‘B’ in 1997. By that time Arbitration and Conciliation Act, 1996 has
come into force and applied to the dispute between ‘A’ and ‘B’. ‘B’ rejected the request
for arbitration made by ‘A’ on the ground that since the Arbitration clause provided for
even number of arbitrator, it is an invalid clause and can it be given effect to in view of
Section 10 of the new act which provides for sole or an odd number of arbitrators?
Elucidate as to whether in such circumstances there exist a valid arbitration clause
between ‘A’ and ‘B’. If so, why? Support your contention with reason and the case law.
6. (a) Discuss the law laid down in Bhatia International v. Bulk Trading S.A. AIR 2002 SC
1432 in regard to applications for interim measures under Section 9 of the Arbitration and
Conciliation Act, 1996 when the place of arbitration is out of India and an application for
interim measures under Section 9 is moved before the court of India.
(b) The main attraction of conciliation is the ‘confidentiality’ of proceedings. How is it
maintained during and after the proceedings.?
7. (a) What is the meaning of ‘Foreign Award’ as per Geneva Convention. On what grounds
the court suomotu refuse to enforce the foreign awards?
(b) Explain whether the power of appointment of arbitrator under Section 11 of the
Arbitration and Conciliation Act, 1996 is ‘judicial’ or ‘administrative’ in nature with the
help of case law.
8. Write short notes on any three of the following:
(a) Define ‘Public Policy’ in context of Section 34.
(b) Define International Commercial Arbitration.
(c) Waiver of right to object
(d) Appealable orders.
(e) Can the question regarding winding up of the company be referred to an arbitrator?
1. (a) “Limitation bars the remedy, but does not destroy the right.” Discuss and state the
exception, if any.
(b) Explain the true scope of the expression ‘time requisite’ in Section 12 of the Limitation
Act, 1963.
2. (a) What is the effect of fraud and mistake on limitation? Support your answer with the help
of decided cases.
(b) ‘A’ advanced a loan to ‘b’ on 01.01.2005. On 15.12.2007 ‘B’ wrote a letter to ‘C’
wherein he stated that he owned the said sum of Rs. 1,000 to ‘A’. ‘A’ filed a suit on
15.11.2009 and contented the though the suit has been filed three years after the
advancing of the loan to ‘B’, the suit is in time in view of the admission of the liability in
B’s letter to C. Can ‘A’ take advantage of the admission of the liability in the said letter
to save limitation? Decide with relevant statutory provisions. (Limitation Period — 3
years]
3. (a) Cause of action accrued to a minor on 3rd May, 1996. He will attain majority on 7th June,
2000. Limitation for filing suit is only three years. Determine the date by which he should
file the suit. Support your answer with relevant statutory provisions and case laws.
(b) A incurs a debt to a firm of which E, F and G are partners. E and F are insane and G is a
minor when does the period of limitation run against them? Discuss in light of Sections 6
and 7 of Limitation Act, 1963.
4. (a) What are the guiding principles for condonation of delay under Section 5 of the
Limitation Act, 1963?
(b) A State Government files and application in the High Court for condonation of delay in
filing an appeal on the ground and delay was caused in routing the matter through is law
department. Can this reason be accepted?
In the position of Government and provide individuals same under Section 5?
PART II
5. (a) “Success of an arbitration proceeding depends upon the underlying arbitration clause.” In
the light of this statement, explain what are the ingredients of a good arbitration clause.
(b) ‘A’ and ‘B’ entered into an Arbitration Agreement in 1994 which provide that each party
shall nominate one Arbitrator and the Arbitrators so nominated shall appoint an Umpire
before proceeding with reference. A dispute referable to arbitrators arose between ‘A’
and ‘B’ in 1997. By that time Arbitration and Conciliation Act, 1996 has come into force
and applied to the dispute between ‘A’ and ‘B’. ‘B’ rejected the request for arbitration
made by ‘a’ on the ground that since the Arbitration clause provided for even number of
arbitrator, it is an invalid clause and can it be given effect to in view of Section 10 of the
new act which provides for sole or an odd number of arbitrators?
Elucidate as a whether in such circumstances there exist a valid arbitration clause between
‘A’ and ‘B’ If so, why? Support your contention with reasons and the case law.
6. (a) Discuss the law laid down in Bhatia International v. Bulk Trading S.A. AIR 2002 SC
1432 in regard to application for interim measures under section 9 of the Arbitration and
Conciliation Act, 1996 when the place of arbitration is out of India and an application for
interim measures under Section 9 is moved before the court of India.
7. (a) What is the meaning of ‘Foreign Award’ as per Geneva Convention. On what grounds
the court suomotu refuse to enforce the foreign awards?
(b) Explain whether the power of appointment of arbitrator under Section 11 of the
Arbitration and conciliation Act, 1996 is ‘judicial’ or ‘administrative’ in nature with the
help of case law.
8. Write short notes on any three of the following:
(a) Define ‘Public Policy’ in context of Section 34.
(b) Define International Commercial Arbitration.
(c) Waiver of right of object
(d) Appealable orders.
(e) Can the question regarding winding up of the company be referred to an arbitrator?
(b) The period of limitation prescribed for a suit expires on a day when the court is closed.
Does the limitation act provide for any remedy?
3. Ram sold his ancestral property to Sham by a sale deed on 05.02.1984 and handed over the
possession on the same day. Ram died on 14.12.1995 leaving behind his minor sons. X, Y
and Z born on 10.01.78, 10.10.81 and 30.08.83. ‘Y’ and ‘Z’ filed a suit against Sham on
20.02.2002 for setting aside the alternation by their father and for possession of their two
third (2/3) share in the said property. Sham in his reply contests on the ground that the suit is
barred by limitation. Decide with reference to statutory provisions and case law. (Limitation
period is 12 years to be counted from the date of possession of the property by the vender).
4. A decree was passed in favour of ‘X’ and against ‘Y’ on 27.03.2006. “X” applied for the
certified copy of decree which was prepared on 06.05.2006. It was in the knowledge of ‘Y’
that there was no decree on the file of the court till 06.05.2006. “Y” applied for the certified
copy of judgement and degree on 14.07.2006 which were received by ‘Y’ on 17.9.06, ‘Y’
filed the appeal on 29.09.2006. Is the appeal in time? Decide with case law if the period of
limitation is 90 days.
PART-II
FACULTY OF LAW
UNIVERSITY OF DELHI, DELHI-110 007
July, 2012