Limitation Act, 1963

Supreme Court clarifies limitation for IBC application based on recovery certificates: Totempudi Salalith vs. State Bank of India (2023)

/ Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238A, Insolvency and Bankruptcy Code, 2016 with Section 7, Limitation Act, 1963, Limitation Act, 1963 with Article 136, Limitation Act, 1963 with Article 137, Limitation Act, 1963 with Section 18, Recovery of Debts and Bankruptcy Act, 1993, Recovery of Debts and Bankruptcy Act, 1993 with Section 19(22A)

Supreme Court clarifies limitation for IBC application based on recovery certificates: Totempudi Salalith vs. State Bank of India (2023) LEGAL ISSUE: Whether a financial creditor can initiate Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (IBC) based on a recovery certificate issued by the Debt Recovery Tribunal (DRT), and what is […]

Supreme Court clarifies limitation for IBC application based on recovery certificates: Totempudi Salalith vs. State Bank of India (2023) Read Post »

Supreme Court clarifies applicability of Limitation Act in tenancy disputes: Debasish Paul & Anr. vs. Amal Boral (2023)

/ Eviction, Limitation Act, 1963, Limitation Act, 1963 with Section 5, West Bengal Premises Tenancy Act, 1997, West Bengal Premises Tenancy Act, 1997 with Section 7

Supreme Court on Tenant’s Protection Against Eviction: Debasish Paul vs. Amal Boral (2023) LEGAL ISSUE: Applicability of the Limitation Act, 1963 to the West Bengal Premises Tenancy Act, 1997, specifically regarding the time limit for a tenant to deposit rent arrears to avoid eviction. CASE TYPE: Tenancy Law Case Name: Debasish Paul & Anr. vs.

Supreme Court clarifies applicability of Limitation Act in tenancy disputes: Debasish Paul & Anr. vs. Amal Boral (2023) Read Post »

Supreme Court Upholds Land Rate Revision for Change of Use: Karnataka State Electronics Development Corporation Ltd. vs. Kumaon Entertainment and Hospitalities Pvt. Ltd. (2023)

/ Breach of contract, Contract Law, Contract Law with Terms of Agreement, Limitation Act, 1963, Limitation Act, 1963 with Section 5

Supreme Court Upholds Land Rate Revision for Change of Use: Karnataka State Electronics Development Corporation Ltd. vs. Kumaon Entertainment and Hospitalities Pvt. Ltd. (2023) LEGAL ISSUE: Whether a government corporation can revise the land price for an allottee when the land use is changed from the initially allotted purpose. CASE TYPE: Civil Case Name: Karnataka

Supreme Court Upholds Land Rate Revision for Change of Use: Karnataka State Electronics Development Corporation Ltd. vs. Kumaon Entertainment and Hospitalities Pvt. Ltd. (2023) Read Post »

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 sets aside specific performance decree due to Limitation Act: A. Valliammai vs. K.P. Murali (2023)

/ Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 63, Limitation Act, 1963, Limitation Act, 1963 with Article 54, Limitation Act, 1963 with Section 9

Supreme Court sets aside specific performance decree due to Limitation Act: A. Valliammai vs. K.P. Murali (2023) LEGAL ISSUE: Whether the suit for specific performance was barred by limitation under Article 54 of the Limitation Act, 1963. CASE TYPE: Civil (Specific Performance) Case Name: A. Valliammai vs. K.P. Murali and Others [Judgment Date]: September 12,

Supreme Court sets aside specific performance decree due to Limitation Act: A. Valliammai vs. K.P. Murali (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 Dismisses Arbitration Petition Due to Limitation: M/S B AND T AG vs. Ministry of Defence (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 43, Dhananjaya Y. Chandrachud, J. B. Pardiwala, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137

Supreme Court Dismisses Arbitration Petition Due to Limitation: M/S B AND T AG vs. Ministry of Defence (2023) Date of the Judgment: May 18, 2023 Citation: 2023 INSC 480 Judges: Dr. Dhananjaya Y. Chandrachud, CJI and J. B. Pardiwala, J. Can a party initiate arbitration proceedings years after the cause of action arises, simply because

Supreme Court Dismisses Arbitration Petition Due to Limitation: M/S B AND T AG vs. Ministry of Defence (2023) Read Post »

Supreme Court Dismisses Arbitration Petition Due to Limitation: B&T AG vs. Ministry of Defence (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 43, Dhananjaya Y. Chandrachud, J. B. Pardiwala, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137, Limitation Act, 1963 with Section 9

Supreme Court Dismisses Arbitration Petition Due to Limitation: B&T AG vs. Ministry of Defence (2023) LEGAL ISSUE: Whether a petition for the appointment of an arbitrator can be dismissed if the claims are time-barred. CASE TYPE: Arbitration Case Name: M/S B AND T AG vs. MINISTRY OF DEFENCE [Judgment Date]: 18 May 2023 Date of

Supreme Court Dismisses Arbitration Petition Due to Limitation: B&T AG vs. Ministry of Defence (2023) Read Post »

Limitation for Delivery of Possession: Supreme Court refers the issue to Larger Bench in Bhasker & Anr. vs. Ayodhya Jewellers (2023)

/ Abhay S. Oka, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXI, Rule 92, Code of Civil Procedure, 1908 with Order XXI, Rule 94, Code of Civil Procedure, 1908 with Order XXI, Rule 95, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 134, Limitation Act, 1963 with Article 137, Rajesh Bindal

Supreme Court refers the issue of limitation for delivery of possession to a larger bench: Bhasker & Anr. vs. Ayodhya Jewellers (2023) LEGAL ISSUE: What is the correct starting point for calculating the limitation period for an application seeking delivery of possession of property purchased in a court auction? CASE TYPE: Civil Law, Execution of

Limitation for Delivery of Possession: Supreme Court refers the issue to Larger Bench in Bhasker & Anr. vs. Ayodhya Jewellers (2023) Read Post »

Supreme Court Clarifies Limitation for IBC Appeals: Sanket Kumar Agarwal vs. APG Logistics (2023)

/ Appeals under IBC, Dhananjaya Y Chandrachud, Exclusion of Time in Legal Proceedings, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238A, Insolvency and Bankruptcy Code, 2016 with Section 61, J B Pardiwala, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 12

Supreme Court Clarifies Limitation for IBC Appeals: Sanket Kumar Agarwal vs. APG Logistics (2023) LEGAL ISSUE: Calculation of limitation period for appeals under the Insolvency and Bankruptcy Code, 2016. CASE TYPE: Insolvency Law Case Name: Sanket Kumar Agarwal & Anr vs. APG Logistics Private Limited [Judgment Date]: May 1, 2023 Introduction Date of the Judgment:

Supreme Court Clarifies Limitation for IBC Appeals: Sanket Kumar Agarwal vs. APG Logistics (2023) Read Post »

Supreme Court Rejects Plaint in Property Dispute Due to Limitation: Ramisetty Venkatanna vs. Nasyam Jamal Saheb (28 April 2023)

/ C.T. Ravikumar, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII Rule XI, Judges, Limitation Act, 1963, M.R. Shah

Supreme Court Rejects Plaint in Property Dispute Due to Limitation: Ramisetty Venkatanna vs. Nasyam Jamal Saheb (28 April 2023) LEGAL ISSUE: Whether a suit can be maintained when it indirectly challenges a partition deed that is time-barred under the law of limitation. CASE TYPE: Civil Property Dispute Case Name: Ramisetty Venkatanna & Anr. vs. Nasyam

Supreme Court Rejects Plaint in Property Dispute Due to Limitation: Ramisetty Venkatanna vs. Nasyam Jamal Saheb (28 April 2023) Read Post »

Supreme Court Upholds Title in Property Dispute: Prasanna vs. Mudegowda (27 April 2023)

/ Aravind Kumar, Civil Procedure, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 64, Rajesh Bindal, Suits for Possession

Supreme Court Upholds Title in Property Dispute: Prasanna vs. Mudegowda (2023) LEGAL ISSUE: Whether a suit for possession is barred by limitation when a prior suit established valid title, and the suit for possession was filed within six months of the prior suit’s disposal. CASE TYPE: Civil Property Dispute. Case Name: Prasanna and Others vs.

Supreme Court Upholds Title in Property Dispute: Prasanna vs. Mudegowda (27 April 2023) Read Post »

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