Limitation Act, 1963

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 »

Supreme Court clarifies distinction between mortgage by conditional sale and sale with option to repurchase: Ganpati Babji Alamwar vs. Digambarrao Venkatrao Bhadke (2019)

/ Indira Banerjee, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 61(a), Mortgage, Navin Sinha, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 58(c), Transfer of Property Act, 1882 with Section 67

Supreme Court Decides on Mortgage by Conditional Sale: Ganpati Babji Alamwar vs. Digambarrao Venkatrao Bhadke (2019) LEGAL ISSUE: Whether a transaction constitutes a mortgage by conditional sale or a sale with an option to repurchase. CASE TYPE: Property Law Case Name: Ganpati Babji Alamwar (D) By LRs. Ramlu And Others vs. Digambarrao Venkatrao Bhadke And

Supreme Court clarifies distinction between mortgage by conditional sale and sale with option to repurchase: Ganpati Babji Alamwar vs. Digambarrao Venkatrao Bhadke (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 Upholds Dargah’s Land Rights: Sopanrao vs. Syed Mehmood (2019)

/ Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order XLI Rule 27, Deepak Gupta, Indira Banerjee, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 65, Management Rights, N. V. Ramana, Property Law, Religious Property, Suit for Possession

Supreme Court Upholds Dargah’s Land Rights: Sopanrao vs. Syed Mehmood (2019) Date of the Judgment: July 03, 2019 Citation: Sopanrao & Anr. vs. Syed Mehmood & Ors., Civil Appeal No. 4478 of 2007 Judges: N. V. Ramana, Deepak Gupta, and Indira Banerjee, JJ. Can a civil court decide on the management rights of a religious

Supreme Court Upholds Dargah’s Land Rights: Sopanrao vs. Syed Mehmood (2019) Read Post »

Supreme Court Bars Second Suit on Same Cause of Action: Pramod Kumar vs. Zalak Singh (2019)

/ Ashok Bhushan, Code of Civil Procedure, 1908, Judges, K.M. Joseph, Limitation Act, 1963, Limitation Act, 1963 with Article 109, Order II Rule 2, Order VII Rule 1

Supreme Court Bars Second Suit on Same Cause of Action: Pramod Kumar vs. Zalak Singh (2019) LEGAL ISSUE: Whether a second suit is maintainable when it arises from the same cause of action as a previously filed suit, but involves a different sale deed. CASE TYPE: Civil Case Name: Pramod Kumar & Anr. vs. Zalak

Supreme Court Bars Second Suit on Same Cause of Action: Pramod Kumar vs. Zalak Singh (2019) Read Post »

Supreme Court clarifies applicability of Limitation Act to Tamil Nadu Hindu Religious Endowment Board appeals: Ganesan vs. The Commissioner (2019) INSC 425 (03 May 2019)

/ Ashok Bhushan, Judges, K.M. Joseph, Limitation Act, 1963, Limitation Act, 1963 with Section 29(2), Limitation Act, 1963 with Section 5, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 with Section 115, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 with Section 69

Supreme Court Clarifies Applicability of Limitation Act to Religious Endowment Appeals LEGAL ISSUE: Whether the Commissioner of the Tamil Nadu Hindu Religious and Charitable Endowments Board can apply Section 5 of the Limitation Act, 1963 to condone delays in filing appeals under Section 69 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

Supreme Court clarifies applicability of Limitation Act to Tamil Nadu Hindu Religious Endowment Board appeals: Ganesan vs. The Commissioner (2019) INSC 425 (03 May 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 »

Supreme Court Dismisses Suit Challenging Gift Deed After 22 Years: Raghwendra Sharan Singh vs. Ram Prasanna Singh (2019) INSC 184

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 7 Rule 11, Judges, L. Nageswara Rao, Limitation Act, 1963, Limitation Act, 1963 with Article 59, M. R. Shah, Rejection of Plaint

Supreme Court Dismisses Suit Challenging Gift Deed After 22 Years: Raghwendra Sharan Singh vs. Ram Prasanna Singh (2019) INSC 184 LEGAL ISSUE: Whether a suit challenging a registered gift deed, filed 22 years after its execution, is barred by limitation under the Limitation Act, 1963. CASE TYPE: Civil Law – Property Dispute Case Name: Raghwendra

Supreme Court Dismisses Suit Challenging Gift Deed After 22 Years: Raghwendra Sharan Singh vs. Ram Prasanna Singh (2019) INSC 184 Read Post »

Supreme Court Upholds Dismissal of Appeal Due to 1942-Day Delay: HUDA vs. Gopi Chand Atreja (2019)

/ Abhay Manohar Sapre, Dinesh Maheshwari, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 5

Supreme Court Upholds Dismissal of Appeal Due to 1942-Day Delay: HUDA vs. Gopi Chand Atreja (2019) LEGAL ISSUE: Whether a delay of 1942 days in filing a second appeal can be condoned under Section 5 of the Limitation Act, 1963. CASE TYPE: Civil Case Name: Estate Officer, Haryana Urban Development Authority & Anr. vs. Gopi

Supreme Court Upholds Dismissal of Appeal Due to 1942-Day Delay: HUDA vs. Gopi Chand Atreja (2019) Read Post »

Supreme Court Dismisses Specific Performance Suit Due to Limitation and Lack of Readiness: Urvashi Aggarwal vs. Kushagr Ansal (2019)

/ Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 55, Indian Contract Act, 1872 with Section 63, Judges, L. Nageswara Rao, Limitation Act, 1963, Limitation Act, 1963 with Article 54, Mohan M. Shantanagoudar, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16(c)

Supreme Court Dismisses Specific Performance Suit Due to Limitation and Lack of Readiness: Urvashi Aggarwal vs. Kushagr Ansal (2019) LEGAL ISSUE: Whether a suit for specific performance of a sale agreement is barred by limitation if filed after three years from the date fixed for performance, and whether the plaintiffs demonstrated readiness and willingness to

Supreme Court Dismisses Specific Performance Suit Due to Limitation and Lack of Readiness: Urvashi Aggarwal vs. Kushagr Ansal (2019) Read Post »

Supreme Court clarifies limitation for challenging property transfer by a guardian: Murugan vs. Kesava Gounder (2019)

/ Ashok Bhushan, Hindu Minority and Guardianship Act, 1956, Hindu Minority and Guardianship Act, 1956 with Section 8, Indian Succession Act, 1925, Indian Succession Act, 1925 with Section 119, Judges, K.M. Joseph, Limitation Act, 1963, Limitation Act, 1963 with Article 60, Limitation Act, 1963 with Article 65

Supreme Court on Limitation for challenging property transfer by a guardian: Murugan vs. Kesava Gounder (2019) Date of the Judgment: 25 February 2019 Citation: 2019 INSC 171 Judges: Ashok Bhushan, J., K.M. Joseph, J. Can a minor’s property sale by a guardian be challenged after a certain period? The Supreme Court of India addressed this

Supreme Court clarifies limitation for challenging property transfer by a guardian: Murugan vs. Kesava Gounder (2019) Read Post »

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