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Bombay High Court Partially Allows Arbitration Petition Challenging Rejection of Counterclaim on Limitation Grounds. Court holds that limitation for counterclaim in arbitration under BSE Byelaws runs from date of filing of claim, not from accrual of cause of action.

The Petitioner, Hansraj Sohanlal Gouthi, HUF, through its Karta Ravi Gouthi, challenged an arbitral award dated 13 July 2009 passed by the Arbitral Tr...

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Bombay High Court Allows Writ Petitions of Petroleum Dealers Challenging VAT Assessment Orders. Assessment orders under Dadra and Nagar Haveli Value Added Tax Act, 2005 set aside as barred by limitation and violative of natural justice.

The judgment pertains to a batch of writ petitions filed by several petroleum dealers (M/s. Yogi Petroleum, Jay Jalaram Construction Co., M/s. Ratan P...

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High Court of Bombay Considers Application for Rejection of Plaint in Suit Alleging Unauthorized Alienation of Joint Family Property by Father. Limitation Period Under Section 109 of Limitation Act, 1963 Raised as Defence.

The matter arises from an Interim Application filed by Defendant No.1, Mantri Building Condominium, seeking rejection of the plaint under Order VII Ru...

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Bombay High Court Dismisses Employer's Writ Petition Challenging Rejection of Appeal Under Payment of Gratuity Act Due to Limitation. Appellate Authority Under Section 7(7) of Payment of Gratuity Act, 1972 Has No Power to Condone Delay Beyond 60 Days.

The petitioner, Nanded Zilla Dekhrekh Sahakari Sanstha Maryadit, challenged the order of the Industrial Court (appellate authority) dated 28.11.2016, ...

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Bombay High Court Allows Exclusion of Time Under Section 14 of Limitation Act for Appeal Under Section 35 of FEMA — Appellant Bona Fide Pursued Remedies Before Wrong Forum

The appellant, Rajkumar Shivhare, was issued a show cause notice under Section 3(C) of the Foreign Exchange Management Act, 1999 (FEMA) on 12 January ...

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Supreme Court Hears Appeal on Limitation in IBC Proceedings; Balance Sheet Acknowledgment Dispute. NCLAT Upheld Dismissal of Section 7 Application as Time-Barred Despite Claim of Debt Acknowledgment in Financial Statements.

The appeal arose from the dismissal of an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 filed by IL&FS Financial Services Li...