Limitation Act, 1963

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

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 Upholds Rejection of Suit for Cancellation of Sale Deed: Dahiben vs. Arvindbhai Kalyanji Bhanusali (2020) INSC 377

Supreme Court Upholds Rejection of Suit for Cancellation of Sale Deed: Dahiben vs. Arvindbhai Kalyanji Bhanusali (2020) INSC 377 Date of the Judgment: July 09, 2020 Citation: (2020) INSC 377 Judges: L. Nageswara Rao, J., Indu Malhotra, J. Can a sale deed be cancelled years after its execution, merely on the ground that the full

Supreme Court Upholds Rejection of Suit for Cancellation of Sale Deed: Dahiben vs. Arvindbhai Kalyanji Bhanusali (2020) INSC 377 Read Post »

Supreme Court Clarifies Limitation for Rendition of Accounts in Banking Disputes: Shakti Bhog Food Industries Ltd. vs. Central Bank of India (2020)

Supreme Court Clarifies Limitation for Rendition of Accounts: Shakti Bhog Food Industries Ltd. vs. Central Bank of India (2020) LEGAL ISSUE: Determining the limitation period for filing a suit seeking rendition of accounts and recovery of excess charges by a bank. CASE TYPE: Civil – Banking Dispute Case Name: Shakti Bhog Food Industries Ltd. vs.

Supreme Court Clarifies Limitation for Rendition of Accounts in Banking Disputes: Shakti Bhog Food Industries Ltd. vs. Central Bank of India (2020) Read Post »

Supreme Court Clarifies Limitation for Landlords Seeking Possession from Tenants: Nand Ram vs. Jagdish Prasad (2020)

Supreme Court Clarifies Limitation for Landlords Seeking Possession from Tenants: Nand Ram vs. Jagdish Prasad (2020) LEGAL ISSUE: Determining the applicable limitation period for a landlord to recover possession from a tenant after the lease expires. CASE TYPE: Civil Law – Property Law Case Name: Nand Ram (D) Through Lrs. & Ors. vs. Jagdish Prasad

Supreme Court Clarifies Limitation for Landlords Seeking Possession from Tenants: Nand Ram vs. Jagdish Prasad (2020) Read Post »

Supreme Court Upholds Rights of Film Producers in Copyright Dispute: Zee Telefilms Ltd. vs. Suresh Productions (2020)

Supreme Court Upholds Rights of Film Producers in Copyright Dispute: Zee Telefilms Ltd. vs. Suresh Productions (2020) LEGAL ISSUE: Determining the accrual of cause of action in copyright infringement cases, specifically concerning the limitation period. CASE TYPE: Copyright Law, Civil Appeal. Case Name: M/S. ZEE TELEFILMS LTD. (NOW KNOWN AS ZEE ENTERTAINMENT ENTERPRISES LTD.) vs.

Supreme Court Upholds Rights of Film Producers in Copyright Dispute: Zee Telefilms Ltd. vs. Suresh Productions (2020) Read Post »

Supreme Court clarifies the meaning of “first due” under Section 56(2) of the Electricity Act, 2003 in cases of incorrect billing: Assistant Engineer (D1), Ajmer Vidyut Vitran Nigam Limited & Anr. vs. Rahamatullah Khan alias Rahamjulla (18 February 2020)

Supreme Court Clarifies “First Due” Date Under Electricity Act: Ajmer Vidyut Nigam vs. Rahamatullah Khan (2020) LEGAL ISSUE: Interpretation of “first due” in Section 56(2) of the Electricity Act, 2003, concerning the limitation period for disconnection of electricity supply due to non-payment of dues. CASE TYPE: Electricity Law, Consumer Law. Case Name: Assistant Engineer (D1),

Supreme Court clarifies the meaning of “first due” under Section 56(2) of the Electricity Act, 2003 in cases of incorrect billing: Assistant Engineer (D1), Ajmer Vidyut Vitran Nigam Limited & Anr. vs. Rahamatullah Khan alias Rahamjulla (18 February 2020) Read Post »

Supreme Court clarifies the duty of First Appellate Court in Specific Performance cases: Malluru Mallappa vs. Kuruvathappa (2020)

Supreme Court clarifies the duty of First Appellate Court: Malluru Mallappa vs. Kuruvathappa (2020) LEGAL ISSUE: Duty of the First Appellate Court to re-appreciate evidence and record findings in appeals against decrees. CASE TYPE: Civil – Specific Performance. Case Name: Malluru Mallappa(D) Thr. Lrs. vs. Kuruvathappa & Ors. Judgment Date: 12 February 2020 Introduction Date

Supreme Court clarifies the duty of First Appellate Court in Specific Performance cases: Malluru Mallappa vs. Kuruvathappa (2020) Read Post »

Supreme Court Upholds Specific Performance of Agreement to Sell: Vundavalli Ratna Manikyam vs. V.P.P.R.N. Prasada Rao (2020)

Supreme Court Upholds Specific Performance of Agreement to Sell: Vundavalli Ratna Manikyam vs. V.P.P.R.N. Prasada Rao (2020) LEGAL ISSUE: Whether the suit for specific performance of an agreement to sell was barred by limitation. CASE TYPE: Civil (Specific Performance) Case Name: Vundavalli Ratna Manikyam & another vs. V.P.P.R.N. Prasada Rao Judgment Date: 06 February 2020

Supreme Court Upholds Specific Performance of Agreement to Sell: Vundavalli Ratna Manikyam vs. V.P.P.R.N. Prasada Rao (2020) Read Post »

Supreme Court Upholds Dismissal of Claims for Interest on Delayed Payments: Shanti Conductors vs. Assam State Electricity Board (2019)

Supreme Court Upholds Dismissal of Claims for Interest on Delayed Payments: Shanti Conductors vs. Assam State Electricity Board (2019) Date of the Judgment: December 18, 2019 Citation: (2019) INSC 1234 Judges: Ashok Bhushan, J., S. Abdul Nazeer, J., Navin Sinha, J. Can a suit for interest on delayed payments be sustained if filed beyond the

Supreme Court Upholds Dismissal of Claims for Interest on Delayed Payments: Shanti Conductors vs. Assam State Electricity Board (2019) Read Post »

Supreme Court Upholds Dismissal of Appeal Due to Delay in University of Delhi vs. Union of India (17 December 2019)

Supreme Court Upholds Dismissal of Appeal Due to Delay in University of Delhi vs. Union of India LEGAL ISSUE: Whether the High Court was correct in dismissing an appeal due to an inordinate delay in filing, despite the appellant claiming public interest. CASE TYPE: Civil Appellate Jurisdiction Case Name: University of Delhi vs. Union of

Supreme Court Upholds Dismissal of Appeal Due to Delay in University of Delhi vs. Union of India (17 December 2019) Read Post »

Supreme Court Allows Appeal Against Ex-Parte Decree After Dismissal of Order IX Rule 13 Application: N. Mohan vs. R. Madhu (21 November 2019)

Supreme Court Allows Appeal Against Ex-Parte Decree After Dismissal of Order IX Rule 13 Application: N. Mohan vs. R. Madhu (2019) LEGAL ISSUE: Whether an appeal under Section 96(2) of the Code of Civil Procedure, 1908 (CPC) is maintainable after the dismissal of an application under Order IX Rule 13 of the CPC to set

Supreme Court Allows Appeal Against Ex-Parte Decree After Dismissal of Order IX Rule 13 Application: N. Mohan vs. R. Madhu (21 November 2019) Read Post »

Supreme Court clarifies the timing of filing a counterclaim under Order VIII Rule 6A of the Civil Procedure Code: Ashok Kumar Kalra vs. Wing Cdr. Surendra Agnihotri & Ors. (19 November 2019)

Supreme Court Clarifies Counterclaim Filing Under Order VIII Rule 6A CPC LEGAL ISSUE: Interpretation of Order VIII Rule 6A of the Civil Procedure Code, 1908 regarding the timing of filing a counterclaim. CASE TYPE: Civil Procedure Case Name: Ashok Kumar Kalra vs. Wing Cdr. Surendra Agnihotri & Ors. Judgment Date: 19 November 2019 Introduction Date

Supreme Court clarifies the timing of filing a counterclaim under Order VIII Rule 6A of the Civil Procedure Code: Ashok Kumar Kalra vs. Wing Cdr. Surendra Agnihotri & Ors. (19 November 2019) Read Post »

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