Limitation Act, 1963

Supreme Court Clarifies Applicability of Limitation Act in Appeals Against Acquittal: Mohd Abaad Ali vs. Directorate of Revenue Intelligence (20 February 2024)

/ Appeals against Acquittal, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 378, Code of Criminal Procedure, 1973 with Section 482, Limitation Act, 1963, Limitation Act, 1963 with Section 29(2), Limitation Act, 1963 with Section 5, Limitation Period

Supreme Court Clarifies Applicability of Limitation Act in Appeals Against Acquittal: Mohd Abaad Ali vs. Directorate of Revenue Intelligence (2024) LEGAL ISSUE: Applicability of Section 5 of the Limitation Act, 1963, to appeals against acquittal under Section 378 of the Code of Criminal Procedure, 1973. CASE TYPE: Criminal Appeal Case Name: Mohd Abaad Ali & […]

Supreme Court Clarifies Applicability of Limitation Act in Appeals Against Acquittal: Mohd Abaad Ali vs. Directorate of Revenue Intelligence (20 February 2024) Read Post »

Supreme Court clarifies limitation for declaration suits in property disputes: Vasantha vs. Rajalakshmi (2024) INSC 109 (13 February 2024)

/ Limitation Act, 1963, Limitation Act, 1963 with Article 58, Limitation Act, 1963 with Article 65, Limitation Act, 1963 with Section 27, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 34, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 19

Supreme Court on Limitation and Declaratory Suits in Property Disputes Date of the Judgment: 13 February 2024 Citation: 2024 INSC 109 Judges: Hrishikesh Roy, J. and Sanjay Karol, J. Can a suit for declaration of property rights be maintained without seeking possession, especially when limitation periods have expired? The Supreme Court of India recently addressed

Supreme Court clarifies limitation for declaration suits in property disputes: Vasantha vs. Rajalakshmi (2024) INSC 109 (13 February 2024) Read Post »

Supreme Court Upholds Tenant’s Right of Pre-emption in Urban Immovable Property Sale: Jagmohan vs. Badri Nath (2024)

/ General Clauses Act, 1897, General Clauses Act, 1897 with Section 3(26), Limitation Act, 1963, Limitation Act, 1963 with Section 12, Punjab Pre-emption Act, 1913, Punjab Pre-emption Act, 1913 with Section 16, Punjab Pre-emption Act, 1913 with Section 8(2), Urban Immovable Property

Supreme Court Upholds Tenant’s Right of Pre-emption in Urban Immovable Property Sale: Jagmohan vs. Badri Nath (2024) LEGAL ISSUE: Whether a tenant’s right of pre-emption extends to the sale of urban immovable property, specifically a rolling mill, and whether a government notification exempting land sales in municipal areas applies to such property. CASE TYPE: Civil

Supreme Court Upholds Tenant’s Right of Pre-emption in Urban Immovable Property Sale: Jagmohan vs. Badri Nath (2024) Read Post »

Supreme Court Clarifies Limitation for Appeals Under Jogighopa Act: North Eastern Chemicals vs. Ashok Paper Mill (2023)

/ Code of Civil Procedure with Section 2(14), Code of Civil Procedure with Section 2(2), Code of Civil Procedure, 1908, Jogighopa Act with Section 22(6), Jogighopa Act with Section 22(7), Jogighopa Act with Section 22(8), Jogighopa Act, 1990, Limitation Act, 1963, Limitation Act, 1963 with Article 116, Limitation Act, 1963 with Section 5

Supreme Court Clarifies Limitation for Appeals Under Jogighopa Act: North Eastern Chemicals vs. Ashok Paper Mill (2023) LEGAL ISSUE: Applicability of the Limitation Act to appeals under the Jogighopa Act and the concept of “reasonable time” for appeals when no specific limitation is prescribed. CASE TYPE: Civil Law, specifically concerning statutory interpretation and limitation periods.

Supreme Court Clarifies Limitation for Appeals Under Jogighopa Act: North Eastern Chemicals vs. Ashok Paper Mill (2023) Read Post »

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 »

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