Limitation Act, 1963 with Article 137

Supreme Court clarifies the applicability of Limitation Act to IBC: Sesh Nath Singh vs. Baidyabati Sheoraphuli Co-operative Bank Ltd. (22 March 2021)

/ Corporate Insolvency Resolution Process, Hemant Gupta, Indira Banerjee, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238A, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137, Limitation Act, 1963 with Section 14, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 13(2), SARFAESI Act, 2002 with Section 13(4)

Supreme Court Clarifies Limitation for IBC Applications: Sesh Nath Singh vs. Baidyabati Sheoraphuli Co-operative Bank Ltd. (2021) LEGAL ISSUE: Whether Section 14 of the Limitation Act, 1963 applies to applications under Section 7 of the Insolvency and Bankruptcy Code (IBC), 2016, and whether delays in filing such applications can be condoned. CASE TYPE: Insolvency Law […]

Supreme Court clarifies the applicability of Limitation Act to IBC: Sesh Nath Singh vs. Baidyabati Sheoraphuli Co-operative Bank Ltd. (22 March 2021) Read Post »

Supreme Court clarifies limitation for arbitration applications and rejects time-barred claims: Bharat Sanchar Nigam Ltd. vs. Nortel Networks India Pvt. Ltd. (2021)

/ Ajay Rastogi, Appointment of Arbitrators, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 43, Indu Malhotra, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137

Supreme Court Clarifies Limitation for Arbitration Applications: BSNL vs. Nortel (2021) LEGAL ISSUE: What is the limitation period for filing an application for appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, and can a court refuse to appoint an arbitrator if the claims are evidently time-barred? CASE TYPE: Arbitration

Supreme Court clarifies limitation for arbitration applications and rejects time-barred claims: Bharat Sanchar Nigam Ltd. vs. Nortel Networks India Pvt. Ltd. (2021) Read Post »

Supreme Court Dismisses Insolvency Plea Citing Limitation: Reliance Asset Reconstruction vs. Hotel Poonja International (2021)

/ Acknowledgment of Liability, Corporate Insolvency Resolution Process, Indira Banerjee, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137, Limitation Act, 1963 with Section 18, Sanjiv Khanna

Supreme Court Dismisses Insolvency Plea Citing Limitation: Reliance Asset Reconstruction vs. Hotel Poonja International (2021) LEGAL ISSUE: Whether an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 is barred by limitation when the default occurred more than three years before the application was filed. CASE TYPE: Insolvency Law Case Name: M/s. Reliance

Supreme Court Dismisses Insolvency Plea Citing Limitation: Reliance Asset Reconstruction vs. Hotel Poonja International (2021) Read Post »

Supreme Court Clarifies Limitation for Enforcing Foreign Awards in Arbitration Cases: Government of India vs. Vedanta Limited (2020)

/ Aniruddha Bose, Arbitration and Conciliation Act, 1996 with Section 47, Arbitration and Conciliation Act, 1996 with Section 48, Arbitration Law, Contract Law, Contract Law with Article 15.5, Enforcement of Foreign Awards, Indu Malhotra, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137, Limitation Act, 1963 with Section 5, Production Sharing Contract, S. Abdul Nazeer

Supreme Court Clarifies Limitation for Enforcing Foreign Awards: Government of India vs. Vedanta Limited (2020) LEGAL ISSUE: Limitation period for enforcing foreign arbitral awards in India. CASE TYPE: Arbitration Law Case Name: Government of India vs. Vedanta Limited [Judgment Date]: 16 September 2020 Date of the Judgment: 16 September 2020 Citation: (2020) INSC 728 Judges:

Supreme Court Clarifies Limitation for Enforcing Foreign Awards in Arbitration Cases: Government of India vs. Vedanta Limited (2020) Read Post »

Supreme Court settles Limitation for IBC Section 7 Applications in Radha Exports Case (2020)

/ Arun Mishra, Corporate Insolvency Resolution Process, Indira Banerjee, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 5(8), Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137

Supreme Court Settles Limitation for IBC Section 7 Applications in Radha Exports Case (2020) LEGAL ISSUE: Whether an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) can be admitted if the claim is barred by limitation. CASE TYPE: Insolvency Law Case Name: M/S RADHA EXPORTS (INDIA) PVT. LIMITED. vs. K.P .

Supreme Court settles Limitation for IBC Section 7 Applications in Radha Exports Case (2020) Read Post »

Supreme Court Sets Limitation for Revocation of Letters of Administration: Ramesh Nivrutti Bhagwat vs. Dr. Surendra Manohar Parakhe (2019)

/ Arun Mishra, Indian Succession Act, 1925, Indian Succession Act, 1925 with Section 228, Indian Succession Act, 1925 with Section 263, Indian Succession Act, 1925 with Section 276, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137, S. Ravindra Bhat, Vineet Saran

Supreme Court Sets Limitation for Revocation of Letters of Administration: Ramesh Nivrutti Bhagwat vs. Dr. Surendra Manohar Parakhe (2019) LEGAL ISSUE: Determination of the limitation period for filing an application for revocation of letters of administration. CASE TYPE: Succession Law Case Name: Ramesh Nivrutti Bhagwat vs. Dr. Surendra Manohar Parakhe [Judgment Date]: October 4, 2019

Supreme Court Sets Limitation for Revocation of Letters of Administration: Ramesh Nivrutti Bhagwat vs. Dr. Surendra Manohar Parakhe (2019) Read Post »

Supreme Court clarifies Limitation for IBC Applications: Sagar Sharma vs. Phoenix ARC Pvt. Ltd. (2019)

/ Constitutional Law, Constitutional Law with Article 141, Insolvency and Bankruptcy Code, 2016, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137, Limitation Act, 1963 with Article 62, R. F. Nariman, Section 7, Insolvency and Bankruptcy Code, 2016, V. Ramasubramanian

Supreme Court Clarifies Limitation for IBC Applications: Sagar Sharma vs. Phoenix ARC Pvt. Ltd. (2019) LEGAL ISSUE: Applicability of Limitation Act to applications under Section 7 of the Insolvency and Bankruptcy Code, 2016. CASE TYPE: Insolvency Law Case Name: Sagar Sharma & Anr. vs. Phoenix ARC Pvt. Ltd. & Anr. [Judgment Date]: September 30, 2019

Supreme Court clarifies Limitation for IBC Applications: Sagar Sharma vs. Phoenix ARC Pvt. Ltd. (2019) Read Post »

Supreme Court Sets Aside Winding Up Order Due to Limitation: Jignesh Shah vs. Union of India (25 September 2019)

/ Companies Act, 1956, Companies Act, 1956 with Section 433, Companies Act, 1956 with Section 434, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238A, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137, R. Subhash Reddy, R.F. Nariman, Surya Kant

Supreme Court Sets Aside Winding Up Order Due to Limitation: Jignesh Shah vs. Union of India (2019) LEGAL ISSUE: Whether a winding-up petition filed under the Companies Act, 1956, which is time-barred, can be revived as a Section 7 application under the Insolvency and Bankruptcy Code, 2016. CASE TYPE: Insolvency Law Case Name: Jignesh Shah

Supreme Court Sets Aside Winding Up Order Due to Limitation: Jignesh Shah vs. Union of India (25 September 2019) Read Post »

Supreme Court settles limitation for IBC applications: Gaurav Hargovindbhai Dave vs. Asset Reconstruction Company (2019)

/ Insolvency and Bankruptcy Code, 2016, Insolvency Law, Insolvency Law with Section 7, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137, Limitation Act, 1963 with Article 62, R. Subhash Reddy, R.F. Nariman, Surya Kant

Supreme Court Clarifies Limitation for IBC Applications: Gaurav Dave vs. Asset Reconstruction Company (2019) LEGAL ISSUE: Applicability of the Limitation Act to applications under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name: Gaurav Hargovindbhai Dave vs. Asset Reconstruction Company (India) Ltd. [Judgment Date]: 18 September 2019 Date

Supreme Court settles limitation for IBC applications: Gaurav Hargovindbhai Dave vs. Asset Reconstruction Company (2019) Read Post »

Limitation for Arbitration Claims: Supreme Court Dismisses Appeal in Geo Miller & Co. Case (03 September 2019)

/ Ajay Rastogi, Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 21, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137, Limitation Period, Mohan M. Shantanagoudar, N.V. Ramana

Geo Miller & Co. Pvt. Ltd. vs. Rajasthan Vidyut Utpadan Nigam Ltd.: Supreme Court on Limitation in Arbitration LEGAL ISSUE: Whether arbitration claims are barred by limitation based on the date the cause of action arose or the date of dispute. CASE TYPE: Arbitration Law Case Name: M/s Geo Miller & Co. Pvt. Ltd. vs.

Limitation for Arbitration Claims: Supreme Court Dismisses Appeal in Geo Miller & Co. Case (03 September 2019) Read Post »

Supreme Court clarifies limitation period for IBC applications: Vashdeo R Bhojwani vs. Abhyudaya Co-operative Bank Ltd (2019)

/ Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137, Limitation Act, 1963 with Section 23, Rohinton Fali Nariman, Surya Kant

Supreme Court on Limitation for IBC Applications: Vashdeo R Bhojwani vs. Abhyudaya Co-operative Bank Ltd (2019) LEGAL ISSUE: Applicability of the Limitation Act to applications under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name: Vashdeo R Bhojwani vs. Abhyudaya Co-operative Bank Ltd & Anr. Judgment Date: 02

Supreme Court clarifies limitation period for IBC applications: Vashdeo R Bhojwani vs. Abhyudaya Co-operative Bank Ltd (2019) Read Post »

Supreme Court clarifies limitation period for Letters of Administration under Section 228 of the Indian Succession Act: Sameer Kapoor vs. The State (29 April 2019)

/ Indian Succession Act, 1925, Indian Succession Act, 1925 with Section 228, Indian Succession Act, 1925 with Section 276, Judges, L. Nageswara Rao, Letters of Administration, Limitation Act, 1963, Limitation Act, 1963 with Article 137, M.R. Shah

Supreme Court Clarifies Limitation for Letters of Administration Under Section 228 of the Indian Succession Act LEGAL ISSUE: Whether Article 137 of the Limitation Act, 1963 applies to applications for Letters of Administration under Section 228 of the Indian Succession Act, 1925, and when the limitation period begins. CASE TYPE: Civil (Succession Law) Case Name:

Supreme Court clarifies limitation period for Letters of Administration under Section 228 of the Indian Succession Act: Sameer Kapoor vs. The State (29 April 2019) Read Post »

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