Supreme Court Upholds Relinquishment Deed by Karta in Joint Hindu Family Property Dispute: M.R. Vinoda vs. M.S. Susheelamma (2021) LEGAL ISSUE: Whether a Karta (head of a Hindu family) can execute a valid relinquishment deed on behalf of his branch of the family, including the interest of minor coparceners, and the limitation period for challenging […]
Supreme Court Clarifies Limitation Act Applicability in Debt Recovery Appeals Date of the Judgment: 24 November 2021 Judges: M.R. Shah, J. and Sanjiv Khanna, J. Citation: Avneesh Chandan Gadgil & Anr. vs. Oriental Bank of Commerce & Ors., Civil Appeal No. 6898 of 2021, decided on 24 November 2021 Can the delay in filing an
Supreme Court Clarifies Limitation for IBC Appeals: Nagarajan vs. SKS Ispat (2021) LEGAL ISSUE: Determining the limitation period for appeals under the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name: V Nagarajan vs. SKS Ispat and Power Ltd. & Ors. [Judgment Date]: 22 October 2021 Introduction Date of the Judgment: 22
Supreme Court Upholds Electricity Dues Recovery Despite Billing Error: Prem Cottex vs. Uttar Haryana Bijli Vitran Nigam Ltd. (2021) Date of the Judgment: October 5, 2021 Citation: (2021) INSC 695 Judges: Hemant Gupta, J., V. Ramasubramanian, J. Can an electricity company recover dues from a consumer after discovering a billing error, even if it’s been
Supreme Court Upholds Admission of Insolvency Application Based on Acknowledgment of Debt: Rajendra Narottamdas Sheth vs. Chandra Prakash Jain (2021) LEGAL ISSUE: Whether an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 is maintainable when filed by a power of attorney holder and whether such application is barred by limitation. CASE TYPE:
Supreme Court Clarifies Limitation for IBC Applications: Dena Bank vs. C. Shivakumar Reddy (2021) LEGAL ISSUE: Applicability of limitation period under the Insolvency and Bankruptcy Code, 2016 (IBC) and the effect of acknowledgment of debt. CASE TYPE: Insolvency Law Case Name: Dena Bank (now Bank of Baroda) vs. C. Shivakumar Reddy and Anr. Judgment Date:
Supreme Court Clarifies Condonation of Delay in Divorce Appeals Under Special Marriage Act: Arunoday Singh vs. Lee Anne Elton (2021) LEGAL ISSUE: Whether the delay in filing an appeal from a decree passed by a Family Court under the Special Marriage Act, 1954 can be condoned under Section 5 of the Limitation Act, 1963. CASE
Supreme Court Clarifies Applicability of Limitation Act and Counterclaims in MSMED Act Arbitrations Introduction Date of the Judgment: 29 June 2021 Judges: Ashok Bhushan J. and R. Subhash Reddy J. Can a buyer raise a counterclaim in arbitration proceedings initiated by a supplier under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act)?
Supreme Court Clarifies the Role of Balance Sheets in Acknowledging Debt under IBC Date of the Judgment: April 15, 2021 Citation: (2021) INSC 218 Judges: R.F. Nariman, J., B.R. Gavai, J., Hrishikesh Roy, J. Can a company’s balance sheet serve as valid proof of debt acknowledgment, thereby extending the limitation period for initiating insolvency proceedings?
Supreme Court Clarifies Limitation for IBC Applications: Sesh Nath Singh vs. Baidyabati Sheoraphuli Co-operative Bank Ltd. (2021) LEGAL ISSUE: Whether Section 14 of the Limitation Act, 1963 applies to applications under Section 7 of the Insolvency and Bankruptcy Code (IBC), 2016, and whether delays in filing such applications can be condoned. CASE TYPE: Insolvency Law
Supreme Court Clarifies Limitation for Section 37 Appeals under Arbitration Act: Government of Maharashtra vs. Borse Brothers (2021) Date of the Judgment: March 19, 2021 Citation: (2021) INSC 149 Judges: R.F. Nariman, J., B.R. Gavai, J., Hrishikesh Roy, J. Can delays in filing appeals under Section 37 of the Arbitration and Conciliation Act, 1996 be
Supreme Court Clarifies Limitation for Arbitration Applications: BSNL vs. Nortel (2021) LEGAL ISSUE: What is the limitation period for filing an application for appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, and can a court refuse to appoint an arbitrator if the claims are evidently time-barred? CASE TYPE: Arbitration
