Limitation Act, 1963

Supreme Court Clarifies Limitation for Appeals under Companies Act: Bengal Chemists & Druggists Assn. vs. Kalyan Chowdhury (2018)

Supreme Court Clarifies Limitation for Appeals under Companies Act: Bengal Chemists & Druggists Assn. vs. Kalyan Chowdhury (2018) LEGAL ISSUE: Whether Section 5 of the Limitation Act, 1963 applies to appeals filed before the National Company Law Appellate Tribunal (NCLAT) under Section 421(3) of the Companies Act, 2013, after the expiry of the condonable delay […]

Supreme Court Clarifies Limitation for Appeals under Companies Act: Bengal Chemists & Druggists Assn. vs. Kalyan Chowdhury (2018) Read Post »

Supreme Court Restores Injunction Against Nuisance Causing Flour Mill: Ramji Singh Patel vs. Gyan Chandra Jaiswal (2018)

Supreme Court Restores Injunction Against Nuisance Causing Flour Mill: Ramji Singh Patel vs. Gyan Chandra Jaiswal (2018) LEGAL ISSUE: Whether a suit seeking injunction against a nuisance is barred by limitation if the source of the nuisance changed over time. CASE TYPE: Civil Case Name: Ramji Singh Patel vs. Gyan Chandra Jaiswal [Judgment Date]: January

Supreme Court Restores Injunction Against Nuisance Causing Flour Mill: Ramji Singh Patel vs. Gyan Chandra Jaiswal (2018) Read Post »

Supreme Court Upholds Dismissal of Suit Based on Unproven Agreement: Suresh Kumar vs. Anil Kakaria (2017)

LEGAL ISSUE: Whether a suit for declaration and mandatory injunction is maintainable based on an unproven agreement to sell and an unproven will. CASE TYPE: Civil Law – Property Dispute Case Name: Suresh Kumar through GPA vs. Anil Kakaria & Ors. Judgment Date: November 6, 2017 Introduction Date of the Judgment: November 6, 2017 Citation:

Supreme Court Upholds Dismissal of Suit Based on Unproven Agreement: Suresh Kumar vs. Anil Kakaria (2017) Read Post »

Supreme Court settles Limitation Act applicability on appeals under Section 30 of Recovery of Debts and Bankruptcy Act: International Asset Reconstruction Company vs. The Official Liquidator (24 October 2017)

Date of the Judgment: 24 October 2017 Citation: (2017) INSC 942 Judges: Ranjan Gogoi, J., Abhay Manohar Sapre, J., Navin Sinha, J. Can the delay in filing an appeal against a Recovery Officer’s order under the Recovery of Debts and Bankruptcy Act, 1993 be condoned by applying Section 5 of the Limitation Act, 1963? This

Supreme Court settles Limitation Act applicability on appeals under Section 30 of Recovery of Debts and Bankruptcy Act: International Asset Reconstruction Company vs. The Official Liquidator (24 October 2017) Read Post »

Impleading Legal Representatives: Supreme Court Clarifies Order 1 Rule 10 CPC Applicability in Cases of Pre-Suit Death (2017)

Date of the Judgment: October 3, 2017 Citation: (2017) INSC 879 Judges: Arun Mishra, J., Mohan M. Shantanagoudar, J. Can a suit against a dead person be rectified by adding their legal heirs later? The Supreme Court of India recently addressed this crucial question in a case concerning a property dispute where one of the

Impleading Legal Representatives: Supreme Court Clarifies Order 1 Rule 10 CPC Applicability in Cases of Pre-Suit Death (2017) Read Post »

Supreme Court Clarifies Limitation Period for Fatal Accident Claims: Damini vs. Jodhpur Vidyut Vitran Nigam (2017)

LEGAL ISSUE: Determining the limitation period for filing a claim under the Fatal Accidents Act, 1855. CASE TYPE: Tort Law, Fatal Accident Claim Case Name: Damini and Another vs. Managing Director, Jodhpur Vidyut Vitran Nigam Limited and Another Judgment Date: 14 September 2017 Date of the Judgment: 14 September 2017 Citation: (2017) INSC 744 Judges:

Supreme Court Clarifies Limitation Period for Fatal Accident Claims: Damini vs. Jodhpur Vidyut Vitran Nigam (2017) Read Post »

Supreme Court clarifies the applicability of Section 5 of the Limitation Act to VAT revisions: Patel Brothers vs. State of Assam (2017)

LEGAL ISSUE: Whether Section 5 of the Limitation Act, 1963, applies to revision petitions filed in the High Court under Section 81 of the Assam Value Added Tax Act, 2003. CASE TYPE: Tax Law Case Name: M/S Patel Brothers vs. State of Assam and Ors. Judgment Date: 04 January 2017 Date of the Judgment: 04

Supreme Court clarifies the applicability of Section 5 of the Limitation Act to VAT revisions: Patel Brothers vs. State of Assam (2017) Read Post »

Supreme Court Upholds Limitation on Hire Purchase Breach: Sundaram Finance vs. Noorjahan Beevi (2016)

LEGAL ISSUE: Determining the limitation period for filing a suit for recovery of dues in a hire-purchase agreement breach. CASE TYPE: Civil (Hire Purchase Agreement) Case Name: M/S. Sundaram Finance Limited vs. Noorjahan Beevi and Another [Judgment Date]: 29th June 2016 Introduction Date of the Judgment: 29th June 2016 Citation: (2016) INSC 657 Judges: Justice

Supreme Court Upholds Limitation on Hire Purchase Breach: Sundaram Finance vs. Noorjahan Beevi (2016) Read Post »

Supreme Court settles Railway Employee Seniority Dispute in Non-Technical Clerical Category Selection (21st October 2008)

Date of the Judgment: 21st October 2008 Judges: K.G. Balakrishnan, P. Sathasivam, J.M. Panchal Can seniority be claimed retroactively by railway employees appointed years after the initial selection process due to alleged malpractices? The Supreme Court addressed this issue in a set of appeals concerning the selection of Non-Technical Popular Clerical Category employees in the

Supreme Court settles Railway Employee Seniority Dispute in Non-Technical Clerical Category Selection (21st October 2008) Read Post »

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