Search Results for "limitation period"

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Search Results for "limitation period"

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Supreme Court

Supreme Court Reverses High Court's Quashing of Criminal Proceedings Due to Erroneous Limitation Computation. For computing limitation period under Section 468 CrPC, relevant date is date of filing complaint (10.07.2012), not date Magistrate takes cognizance (04.12.2012), making prosecution maintainable as complaint filed within 3 years from offence date (04.10.2009).

28 Feb 2022

The Supreme Court addressed an appeal challenging the Madhya Pradesh High Court's order quashing criminal proceedings on limitation grounds. The appel...

Supreme Court

Supreme Court Allows Appeals in Land Ownership Dispute, Quashing Bombay High Court PIL Judgment. Revenue Minister's Recall of Ex Parte Order Upheld as Violative of Natural Justice Under Section 258 Maharashtra Land Revenue Code, 1966, and Appellants' Title Established Based on 1894 Deed.

28 Feb 2022

The appeals arose from a Bombay High Court judgment in a Public Interest Litigation concerning ownership of land admeasuring 5 acres and 20 gunthas in...

Supreme Court

Supreme Court Allows Secured Creditors' Appeals in SARFAESI Act Case on Appointment of Advocate as Commissioner. The Court held that a District Magistrate or Chief Metropolitan Magistrate can appoint an advocate to take possession of secured assets under Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as an advocate is considered an officer of the court subordinate to the Magistrate.

25 Feb 2022

The dispute centered on the interpretation of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security ...

Supreme Court

Supreme Court Allows Defendant in Commercial Suit to File Written Statement Despite Expiry of 120-Day Limit Due to COVID-19 Disruptions. Time Limit Under Proviso to Order VIII Rule 1 of Code of Civil Procedure, 1908 as Substituted by Commercial Courts Act, 2015 Extended Considering Orders in Suo Motu Writ Petition (Civil) No. 3 of 2020 and Administrative Curtailment of Court Functioning.

14 Feb 2022

The dispute arose from a commercial suit filed by the plaintiff-respondent against the defendant-appellant for recovery of Rs. 3,73,24,821/- with inte...

Supreme Court

Supreme Court Sets Aside NCLAT Order in Insolvency Case Due to Procedural Irregularity in Admitting Additional Evidence. Matter Remanded to NCLT for Reconsideration with Emails as Evidence and Opportunity for Corporate Debtor to Respond Under Section 9 of Insolvency and Bankruptcy Code, 2016.

7 Feb 2022

The dispute arose from an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 filed by an operational creditor against a corporate...

Supreme Court

Supreme Court Allows Appeal in Part on Operational Creditor Status but Upholds Dismissal on Limitation in Insolvency Case. The court held that a purchaser does not qualify as an operational creditor under Section 5(20) of the Insolvency and Bankruptcy Code, 2016, and the application under Section 9 was barred by limitation due to debt arising from 2013 transactions.

4 Feb 2022

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, involving the appellant, Consolidated Construction Consortium Limited,...

Supreme Court

Supreme Court Allows Employer's Appeal in Service Law Dispute Over Selection Grade Benefits Due to Limitation and Eligibility Issues. Suit Filed Seven Years After Retirement Barred Under Article 137 of Limitation Act, 1963, and Employee Ineligible for Selection Grade Due to Multiple Disciplinary Penalties Under Clause 7 of Office Order Dated 25 January 1992.

4 Feb 2022

The dispute originated from the respondent's claim for Selection Grade benefits under an Office Order dated 25 January 1992 issued by the Finance Depa...

Supreme Court

Supreme Court Dismisses Appeal in Consumer Dispute Over Limitation and Maintainability Under Consumer Protection Act 1986. Complaint Barred by Limitation as Cause of Action Arose When Municipal Authorities First Demanded Higher Charges, Not Continuing, and Not Maintainable as Appellant Not a Consumer Under Section 2(1)(d) for Property Tax and Water Services Provided by Municipal Authorities.

11 Jan 2022

The appeal originated from a judgment of the National Consumer Disputes Redressal Commission dated 3 December 2018, which dismissed a consumer complai...

Supreme Court

Supreme Court Sets Aside High Court Order Condoning Delay in Arbitration Challenge. Limitation Period Under Section 34(3) of Arbitration and Conciliation Act, 1996 Held Absolute and Not Extendable Beyond 30 Days.

16 Dec 2021

The appellant, Mahindra and Mahindra Financial Services Ltd., had provided a loan to the respondent, Maheshbhai Tinabhai Rathod, for purchase of tract...

Supreme Court

Supreme Court Dismisses Appeal Against NCDRC Order Condoning Delay in Filing Written Statement — Prospective Application of Limitation Period Under Section 13 of Consumer Protection Act, 1986. The Court held that the NCDRC's discretion exercised before the Constitution Bench judgment in New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd. was valid and not liable to be interfered with.

14 Dec 2021

The appeal arose from an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 25 February 2020, which condoned a delay of 100 da...

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