Limitation Act, 1963

Supreme Court Upholds Employee’s Claim: N. Subramanian vs. M/S Aruna Hotels Ltd. (2021)

/ Acknowledgment of Debt, B.R. Gavai, Corporate Insolvency Resolution Process, Hrishikesh Roy, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 9, Judges, Limitation Act, 1963, Limitation Period, Operational Creditor, Rohinton Fali Nariman

Supreme Court Upholds Employee’s Claim: N. Subramanian vs. M/S Aruna Hotels Ltd. (2021) LEGAL ISSUE: Whether a claim for arrears of salary is time-barred under the Insolvency and Bankruptcy Code, 2016 (IBC) when there are acknowledgements of liability. CASE TYPE: Insolvency Law Case Name: N. Subramanian vs. M/S Aruna Hotels Ltd. & Anr. [Judgment Date]: […]

Supreme Court Upholds Employee’s Claim: N. Subramanian vs. M/S Aruna Hotels Ltd. (2021) Read Post »

Supreme Court Dismisses Insolvency Plea Citing Limitation: Reliance Asset Reconstruction vs. Hotel Poonja International (2021)

/ Acknowledgment of Liability, Corporate Insolvency Resolution Process, Indira Banerjee, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137, Limitation Act, 1963 with Section 18, Sanjiv Khanna

Supreme Court Dismisses Insolvency Plea Citing Limitation: Reliance Asset Reconstruction vs. Hotel Poonja International (2021) LEGAL ISSUE: Whether an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 is barred by limitation when the default occurred more than three years before the application was filed. CASE TYPE: Insolvency Law Case Name: M/s. Reliance

Supreme Court Dismisses Insolvency Plea Citing Limitation: Reliance Asset Reconstruction vs. Hotel Poonja International (2021) Read Post »

Supreme Court Upholds Validity of 1990 Power of Attorney and Sale Deeds: Rattan Singh vs. Nirmal Gill (2020)

/ A.M. Khanwilkar, Dinesh Maheshwari, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 68, Indian Evidence Act, 1872 with Section 71, Indian Evidence Act, 1872 with Section 90, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 17

Supreme Court Upholds Validity of 1990 Power of Attorney and Sale Deeds: Rattan Singh vs. Nirmal Gill (2020) LEGAL ISSUE: Whether a General Power of Attorney (GPA) and subsequent sale deeds, challenged on grounds of fraud, are valid. CASE TYPE: Civil Law – Property Dispute Case Name: Rattan Singh & Ors. vs. Nirmal Gill &

Supreme Court Upholds Validity of 1990 Power of Attorney and Sale Deeds: Rattan Singh vs. Nirmal Gill (2020) Read Post »

Supreme Court Dismisses Madhya Pradesh’s Delayed Appeal, Imposes Costs: State of Madhya Pradesh vs. Bherulal (2020)

/ Condonation of Delay, Dinesh Maheshwari, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 5, Sanjay Kishan Kaul

Supreme Court Dismisses Madhya Pradesh’s Delayed Appeal, Imposes Costs: State of Madhya Pradesh vs. Bherulal (2020) LEGAL ISSUE: Condonation of delay in filing a Special Leave Petition by a government entity. CASE TYPE: Civil Appellate Jurisdiction Case Name: The State of Madhya Pradesh & Ors. vs. Bherulal Judgment Date: 15 October 2020 Date of the

Supreme Court Dismisses Madhya Pradesh’s Delayed Appeal, Imposes Costs: State of Madhya Pradesh vs. Bherulal (2020) Read Post »

Supreme Court settles limitation for pre-emption rights under Rajasthan Pre-Emption Act: Raghunath vs. Radha Mohan (2020)

/ Aniruddha Bose, Judges, Krishna Murari, Limitation Act, 1963, Limitation Act, 1963 with Article 97, Rajasthan Pre-Emption Act, 1966, Rajasthan Pre-Emption Act, 1966 with Section 21, Rajasthan Pre-Emption Act, 1966 with Section 8, Right of Pre-emption, Sanjay Kishan Kaul

Supreme Court clarifies limitation for pre-emption rights under Rajasthan Act: Raghunath vs. Radha Mohan (2020) LEGAL ISSUE: Whether the limitation period for exercising the right of pre-emption under the Rajasthan Pre-Emption Act, 1966, commences from the first sale after the Act came into force or from each subsequent sale. CASE TYPE: Civil Law – Property

Supreme Court settles limitation for pre-emption rights under Rajasthan Pre-Emption Act: Raghunath vs. Radha Mohan (2020) Read Post »

Supreme Court Upholds Partial Specific Performance in Land Sale Dispute: B. Santoshamma vs. D. Sarala (2020)

/ Indira Banerjee, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 21, Registration Act, 1908, Registration Act, 1908 with Section 50(1), Specific Performance of Contract, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 10, Specific Relief Act, 1963 with Section 12, Uday Umesh Lalit

Supreme Court Upholds Partial Specific Performance in Land Sale Dispute: B. Santoshamma vs. D. Sarala (2020) Date of the Judgment: 18 September 2020 Citation: 2020 INSC 707 Judges: Uday Umesh Lalit, J. and Indira Banerjee, J. Can a seller of land renege on a sale agreement after accepting a significant portion of the payment? The

Supreme Court Upholds Partial Specific Performance in Land Sale Dispute: B. Santoshamma vs. D. Sarala (2020) Read Post »

Supreme Court Clarifies Limitation for Enforcing Foreign Awards in Arbitration Cases: Government of India vs. Vedanta Limited (2020)

/ Aniruddha Bose, Arbitration and Conciliation Act, 1996 with Section 47, Arbitration and Conciliation Act, 1996 with Section 48, Arbitration Law, Contract Law, Contract Law with Article 15.5, Enforcement of Foreign Awards, Indu Malhotra, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137, Limitation Act, 1963 with Section 5, Production Sharing Contract, S. Abdul Nazeer

Supreme Court Clarifies Limitation for Enforcing Foreign Awards: Government of India vs. Vedanta Limited (2020) LEGAL ISSUE: Limitation period for enforcing foreign arbitral awards in India. CASE TYPE: Arbitration Law Case Name: Government of India vs. Vedanta Limited [Judgment Date]: 16 September 2020 Date of the Judgment: 16 September 2020 Citation: (2020) INSC 728 Judges:

Supreme Court Clarifies Limitation for Enforcing Foreign Awards in Arbitration Cases: Government of India vs. Vedanta Limited (2020) Read Post »

Supreme Court settles Limitation for IBC Section 7 Applications in Radha Exports Case (2020)

/ Arun Mishra, Corporate Insolvency Resolution Process, Indira Banerjee, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 5(8), Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137

Supreme Court Settles Limitation for IBC Section 7 Applications in Radha Exports Case (2020) LEGAL ISSUE: Whether an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) can be admitted if the claim is barred by limitation. CASE TYPE: Insolvency Law Case Name: M/S RADHA EXPORTS (INDIA) PVT. LIMITED. vs. K.P .

Supreme Court settles Limitation for IBC Section 7 Applications in Radha Exports Case (2020) Read Post »

Supreme Court Upholds Rejection of Suit for Cancellation of Sale Deed: Dahiben vs. Arvindbhai Kalyanji Bhanusali (2020) INSC 377

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII Rule 11, Indu Malhotra, Judges, L. Nageswara Rao, Limitation Act, 1963, Limitation Act, 1963 with Article 58, Limitation Act, 1963 with Article 59, Rejection of Plaint, Sale of Property, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 54

Supreme Court Upholds Rejection of Suit for Cancellation of Sale Deed: Dahiben vs. Arvindbhai Kalyanji Bhanusali (2020) INSC 377 Date of the Judgment: July 09, 2020 Citation: (2020) INSC 377 Judges: L. Nageswara Rao, J., Indu Malhotra, J. Can a sale deed be cancelled years after its execution, merely on the ground that the full

Supreme Court Upholds Rejection of Suit for Cancellation of Sale Deed: Dahiben vs. Arvindbhai Kalyanji Bhanusali (2020) INSC 377 Read Post »

Supreme Court Clarifies Limitation for Rendition of Accounts in Banking Disputes: Shakti Bhog Food Industries Ltd. vs. Central Bank of India (2020)

/ A.M. Khanwilkar, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII Rule 11(d), Dinesh Maheshwari, Indira Banerjee, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 113, Limitation Act, 1963 with Section 22

Supreme Court Clarifies Limitation for Rendition of Accounts: Shakti Bhog Food Industries Ltd. vs. Central Bank of India (2020) LEGAL ISSUE: Determining the limitation period for filing a suit seeking rendition of accounts and recovery of excess charges by a bank. CASE TYPE: Civil – Banking Dispute Case Name: Shakti Bhog Food Industries Ltd. vs.

Supreme Court Clarifies Limitation for Rendition of Accounts in Banking Disputes: Shakti Bhog Food Industries Ltd. vs. Central Bank of India (2020) Read Post »

Supreme Court Clarifies Limitation for Landlords Seeking Possession from Tenants: Nand Ram vs. Jagdish Prasad (2020)

/ Hemant Gupta, Judges, L. Nageswara Rao, Leases of Immovable Property, Limitation Act, 1963, Limitation Act, 1963 with Article 65, Limitation Act, 1963 with Article 67, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 111, Transfer of Property Act, 1882 with Section 116

Supreme Court Clarifies Limitation for Landlords Seeking Possession from Tenants: Nand Ram vs. Jagdish Prasad (2020) LEGAL ISSUE: Determining the applicable limitation period for a landlord to recover possession from a tenant after the lease expires. CASE TYPE: Civil Law – Property Law Case Name: Nand Ram (D) Through Lrs. & Ors. vs. Jagdish Prasad

Supreme Court Clarifies Limitation for Landlords Seeking Possession from Tenants: Nand Ram vs. Jagdish Prasad (2020) Read Post »

Supreme Court clarifies the duty of First Appellate Court in Specific Performance cases: Malluru Mallappa vs. Kuruvathappa (2020)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XLI Rule 31, Code of Civil Procedure, 1908 with Section 96, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 54, S. Abdul Nazeer, Sanjiv Khanna

Supreme Court clarifies the duty of First Appellate Court: Malluru Mallappa vs. Kuruvathappa (2020) LEGAL ISSUE: Duty of the First Appellate Court to re-appreciate evidence and record findings in appeals against decrees. CASE TYPE: Civil – Specific Performance. Case Name: Malluru Mallappa(D) Thr. Lrs. vs. Kuruvathappa & Ors. Judgment Date: 12 February 2020 Introduction Date

Supreme Court clarifies the duty of First Appellate Court in Specific Performance cases: Malluru Mallappa vs. Kuruvathappa (2020) Read Post »

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