Supreme Court on Limitation under IBC: SVG Fashions vs. Ritu Goyal (2022) Date of the Judgment: 29 March 2022 Citation: (2022) INSC 234 Judges: Hemant Gupta, J., V. Ramasubramanian, J. (authored the judgment) Can a letter acknowledging a debt, along with dishonored cheques, revive a time-barred claim under the Insolvency and Bankruptcy Code (IBC)? The […]
Supreme Court Addresses Limitation in Property Dispute: Saranpal Kaur Anand vs. Praduman Singh Chandhok (2022) Date of the Judgment: 28 March 2022 The Supreme Court of India heard a case regarding a property dispute where the main issue was whether the suit was filed within the time limit set by law. The case, *Saranpal Kaur
Supreme Court directs NCLT to Reconsider Insolvency Application: M/S Wizaman Impex Pvt. Ltd. vs. Kedrion Biopharma Inc. (2022) LEGAL ISSUE: Whether the National Company Law Appellate Tribunal (NCLAT) was correct in admitting additional documents at the appellate stage without giving the corporate debtor an opportunity to respond, in an application under Section 9 of the
Supreme Court Directs Fresh Review of Insolvency Claim: M/S Wizaman Impex vs. Kedrion Biopharma (2022) LEGAL ISSUE: Whether the National Company Law Appellate Tribunal (NCLAT) was correct in admitting additional documents at the appellate stage without giving the corporate debtor an opportunity to respond, and whether the application under Section 9 of the Insolvency and
Supreme Court Orders Fresh Review of Insolvency Application: M/S Wizman Impex vs. Kedrion Biopharma (2022) LEGAL ISSUE: Whether the National Company Law Appellate Tribunal (NCLAT) was correct in admitting additional documents at the appellate stage without providing an opportunity for response to the corporate debtor. CASE TYPE: Insolvency Law Case Name: M/S Wizman Impex Pvt.
Supreme Court Dissolves Marriage Citing Irretrievable Breakdown: N.Rajendran vs. S.Valli (2022) LEGAL ISSUE: Whether a marriage can be dissolved on the grounds of irretrievable breakdown, even when one party does not consent, and the applicability of the Limitation Act to appeals under the Family Courts Act. CASE TYPE: Matrimonial Law, Family Law Case Name: N.Rajendran
Supreme Court Clarifies Limitation for Loan Recovery Suits: Mongia Realty vs. Manik Sethi (2022) LEGAL ISSUE: Whether the issue of limitation in a suit for recovery of money can be decided as a preliminary issue based on oral arguments alone, without considering evidence. CASE TYPE: Civil (Loan Recovery) Case Name: M/s Mongia Realty and Buildwell
Supreme Court Clarifies Revisional Powers in Consumer Cases: Sunil Kumar Maity vs. State Bank of India (2022) Date of the Judgment: 21 January 2022 Citation: (2022) INSC 38 Judges: Justice Sanjiv Khanna, Justice Bela M. Trivedi Can a National Consumer Disputes Redressal Commission (NCDRC) call for a report from a party during the revision stage?
Supreme Court Restores Consumer Forum Order in Bank Error Case Date of the Judgment: 21 January 2022 Citation: (2022) INSC 43 Judges: Sanjiv Khanna, J., Bela M. Trivedi, J. Can a bank be held liable for crediting funds to the wrong account due to its own error? The Supreme Court of India recently addressed this
Supreme Court on Continuing Cause of Action in Consumer Disputes: Samruddhi Co-operative Housing Society Ltd. vs. Mumbai Mahalaxmi Construction Pvt. Ltd. (2022) Date of the Judgment: January 11, 2022 Citation: Civil Appeal No 4000 of 2019 Judges: Dr Dhananjaya Y Chandrachud, J and AS Bopanna, J Can a builder’s failure to obtain an occupancy certificate
Supreme Court on Continuing Wrong in Consumer Disputes: Samruddhi Co-operative Housing Society vs. Mumbai Mahalaxmi Construction (2022) LEGAL ISSUE: Whether the failure to obtain an occupancy certificate by a builder constitutes a continuing wrong, thereby extending the limitation period for filing a consumer complaint. CASE TYPE: Consumer Law Case Name: Samruddhi Co-operative Housing Society Ltd.
Supreme Court Upholds Strict Time Limits for Challenging Arbitration Awards: Mahindra and Mahindra Financial Services Ltd. vs. Maheshbhai Tinabhai Rathod & Ors. (2021) LEGAL ISSUE: Whether the delay in filing a petition to set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 can be condoned beyond the statutorily prescribed
