Limitation Act, 1963 with Section 5

Supreme Court Upholds IBC Application: Axis Bank vs. Naren Sheth (2023)

/ Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 7, Limitation Act, 1963, Limitation Act, 1963 with Section 18, Limitation Act, 1963 with Section 5

Supreme Court Upholds IBC Application: Axis Bank vs. Naren Sheth (2023) LEGAL ISSUE: Whether a financial creditor’s application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) is barred by limitation, despite acknowledgments of debt by the corporate debtor within the limitation period. CASE TYPE: Insolvency Law Case Name: Axis Bank Limited vs. […]

Supreme Court Upholds IBC Application: Axis Bank vs. Naren Sheth (2023) Read Post »

Supreme Court Clarifies Land Acquisition Lapse Under 2013 Act: Delhi Development Authority vs. Jagan Singh (2023)

/ Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 11, Land Acquisition Act, 1894 with Section 4(1), Limitation Act, 1963, Limitation Act, 1963 with Section 5, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with Section 24(2)

Supreme Court Clarifies Land Acquisition Lapse Under 2013 Act: Delhi Development Authority vs. Jagan Singh (2023) LEGAL ISSUE: Interpretation of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 regarding the lapse of land acquisition proceedings. CASE TYPE: Land Acquisition. Case Name: Delhi Development Authority vs.

Supreme Court Clarifies Land Acquisition Lapse Under 2013 Act: Delhi Development Authority vs. Jagan Singh (2023) Read Post »

Supreme Court Upholds Dismissal of Specific Performance Suit Due to Delay and Violation of Himachal Pradesh Land Laws: Ajay Dabra vs. Pyare Ram & Ors. (2023)

/ Civil Law, Civil Procedure Code, 1908 with Section 149, Himachal Pradesh Tenancy and Land Reforms Act, 1972, Himachal Pradesh Tenancy and Land Reforms Act, 1972 with Section 118, Judges, Limitation Act, 1963 with Section 5, Pamidighantam Sri Narasimha, Specific Performance, Sudhanshu Dhulia

Supreme Court Upholds Dismissal of Specific Performance Suit Due to Delay and Violation of Himachal Pradesh Land Laws LEGAL ISSUE: Whether a delay in filing an appeal can be condoned, and whether a suit for specific performance can be granted when the initial agreement violates land transfer laws. CASE TYPE: Civil Case Name: Ajay Dabra

Supreme Court Upholds Dismissal of Specific Performance Suit Due to Delay and Violation of Himachal Pradesh Land Laws: Ajay Dabra vs. Pyare Ram & Ors. (2023) Read Post »

Supreme Court Upholds Dismissal of Specific Performance Suit Due to Delay and Invalid Land Transfer: Ajay Dabra vs. Pyare Ram & Ors. (2023)

/ Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Section 149, Himachal Pradesh Tenancy and Land Reforms Act, 1972, Himachal Pradesh Tenancy and Land Reforms Act, 1972 with Section 118, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 5, Pamidighantam Sri Narasimha, Sudhanshu Dhulia

Supreme Court Upholds Dismissal of Specific Performance Suit Due to Delay and Invalid Land Transfer: Ajay Dabra vs. Pyare Ram & Ors. (2023) LEGAL ISSUE: Whether a delay in filing an appeal can be condoned based on insufficient funds and whether a suit for specific performance can be decreed when the initial contract for sale

Supreme Court Upholds Dismissal of Specific Performance Suit Due to Delay and Invalid Land Transfer: Ajay Dabra vs. Pyare Ram & Ors. (2023) Read Post »

Supreme Court clarifies Limitation for IBC Applications: Tech Sharp Engineers vs. Sanghvi Movers (2022)

/ Corporate Insolvency Resolution Process, Indira Banerjee, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 8, Insolvency and Bankruptcy Code, 2016 with Section 9, J.K. Maheshwari, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 14, Limitation Act, 1963 with Section 5, Limitation Period

Supreme Court clarifies Limitation for IBC Applications: Tech Sharp Engineers vs. Sanghvi Movers (2022) LEGAL ISSUE: The key legal issue is determining the limitation period for filing an application under Section 9 of the Insolvency and Bankruptcy Code (IBC) and whether the pendency of winding-up proceedings before a High Court can extend this limitation. CASE

Supreme Court clarifies Limitation for IBC Applications: Tech Sharp Engineers vs. Sanghvi Movers (2022) Read Post »

Supreme Court Restores Consumer Forum Order in Bank Error Case: Sunil Kumar Maity vs. State Bank of India (2022) INSC 43

/ Bela M. Trivedi, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 21(b), Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 5, Sanjiv Khanna

Supreme Court Restores Consumer Forum Order in Bank Error Case Date of the Judgment: 21 January 2022 Citation: (2022) INSC 43 Judges: Sanjiv Khanna, J., Bela M. Trivedi, J. Can a bank be held liable for crediting funds to the wrong account due to its own error? The Supreme Court of India recently addressed this

Supreme Court Restores Consumer Forum Order in Bank Error Case: Sunil Kumar Maity vs. State Bank of India (2022) INSC 43 Read Post »

Supreme Court Clarifies Revisional Powers in Consumer Cases: Sunil Kumar Maity vs. State Bank of India (21 January 2022)

/ Bela M. Trivedi, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 21(b), Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 5, National Consumer Disputes Redressal Commission, Revisional Jurisdiction, Sanjiv Khanna

Supreme Court Clarifies Revisional Powers in Consumer Cases: Sunil Kumar Maity vs. State Bank of India (2022) Date of the Judgment: 21 January 2022 Citation: (2022) INSC 38 Judges: Justice Sanjiv Khanna, Justice Bela M. Trivedi Can a National Consumer Disputes Redressal Commission (NCDRC) call for a report from a party during the revision stage?

Supreme Court Clarifies Revisional Powers in Consumer Cases: Sunil Kumar Maity vs. State Bank of India (21 January 2022) Read Post »

Supreme Court Upholds Strict Time Limits for Challenging Arbitration Awards: Mahindra and Mahindra Financial Services Ltd. vs. Maheshbhai Tinabhai Rathod & Ors. (16 December 2021)

/ A.S. Bopanna, Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34(3), Hima Kohli, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 5, N.V. Ramana

Supreme Court Upholds Strict Time Limits for Challenging Arbitration Awards: Mahindra and Mahindra Financial Services Ltd. vs. Maheshbhai Tinabhai Rathod & Ors. (2021) LEGAL ISSUE: Whether the delay in filing a petition to set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 can be condoned beyond the statutorily prescribed

Supreme Court Upholds Strict Time Limits for Challenging Arbitration Awards: Mahindra and Mahindra Financial Services Ltd. vs. Maheshbhai Tinabhai Rathod & Ors. (16 December 2021) Read Post »

Supreme Court settles applicability of Limitation Act to appeals under Section 30 of the Recovery of Debts Act: Avneesh Chandan Gadgil vs. Oriental Bank of Commerce (24 November 2021)

/ Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 29(2), Limitation Act, 1963 with Section 5, M.R. Shah, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Recovery of Debts Due to Banks and Financial Institutions Act, 1993 with Section 30, Sanjiv Khanna

Supreme Court Clarifies Limitation Act Applicability in Debt Recovery Appeals Date of the Judgment: 24 November 2021 Judges: M.R. Shah, J. and Sanjiv Khanna, J. Citation: Avneesh Chandan Gadgil & Anr. vs. Oriental Bank of Commerce & Ors., Civil Appeal No. 6898 of 2021, decided on 24 November 2021 Can the delay in filing an

Supreme Court settles applicability of Limitation Act to appeals under Section 30 of the Recovery of Debts Act: Avneesh Chandan Gadgil vs. Oriental Bank of Commerce (24 November 2021) Read Post »

Supreme Court Clarifies Condonation of Delay in Divorce Appeals Under Special Marriage Act: Arunoday Singh vs. Lee Anne Elton (2021)

/ Appeals, Divorce, Family Courts Act, 1984, Family Courts Act, 1984 with Section 19, Indira Banerjee, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 29, Limitation Act, 1963 with Section 5, Special Marriage Act, 1954, Special Marriage Act, 1954 with Section 39, V. Ramasubramanian

Supreme Court Clarifies Condonation of Delay in Divorce Appeals Under Special Marriage Act: Arunoday Singh vs. Lee Anne Elton (2021) LEGAL ISSUE: Whether the delay in filing an appeal from a decree passed by a Family Court under the Special Marriage Act, 1954 can be condoned under Section 5 of the Limitation Act, 1963. CASE

Supreme Court Clarifies Condonation of Delay in Divorce Appeals Under Special Marriage Act: Arunoday Singh vs. Lee Anne Elton (2021) Read Post »

Supreme Court Clarifies Limitation for Section 37 Appeals under Arbitration Act: Government of Maharashtra vs. Borse Brothers (2021)

/ Appeals from Arbitral Orders, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 37, B.R. Gavai, Commercial Courts Act, 2015, Commercial Courts Act, 2015 with Section 13, Hrishikesh Roy, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 29, Limitation Act, 1963 with Section 5, R.F. Nariman

Supreme Court Clarifies Limitation for Section 37 Appeals under Arbitration Act: Government of Maharashtra vs. Borse Brothers (2021) Date of the Judgment: March 19, 2021 Citation: (2021) INSC 149 Judges: R.F. Nariman, J., B.R. Gavai, J., Hrishikesh Roy, J. Can delays in filing appeals under Section 37 of the Arbitration and Conciliation Act, 1996 be

Supreme Court Clarifies Limitation for Section 37 Appeals under Arbitration Act: Government of Maharashtra vs. Borse Brothers (2021) Read Post »

Supreme Court Dismisses Madhya Pradesh’s Delayed Appeal, Imposes Costs: State of Madhya Pradesh vs. Bherulal (2020)

/ Condonation of Delay, Dinesh Maheshwari, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 5, Sanjay Kishan Kaul

Supreme Court Dismisses Madhya Pradesh’s Delayed Appeal, Imposes Costs: State of Madhya Pradesh vs. Bherulal (2020) LEGAL ISSUE: Condonation of delay in filing a Special Leave Petition by a government entity. CASE TYPE: Civil Appellate Jurisdiction Case Name: The State of Madhya Pradesh & Ors. vs. Bherulal Judgment Date: 15 October 2020 Date of the

Supreme Court Dismisses Madhya Pradesh’s Delayed Appeal, Imposes Costs: State of Madhya Pradesh vs. Bherulal (2020) Read Post »

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