Search Results for "limitation period"

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Search Results for "limitation period"

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Supreme Court

Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

19 Nov 2019

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...

Supreme Court

Supreme Court Allows Revision Condonation Delay in Himachal Pradesh VAT Act — Section 5 Limitation Act Applicable. High Court's revisional power under Section 48 of the HP VAT Act, 2005 includes power to condone delay under Section 5 of Limitation Act, 1963 as Section 29(2) applies unless expressly excluded.

25 Oct 2019

The Supreme Court considered appeals against the Himachal Pradesh High Court's judgment dated 19.11.2018, which refused to condone delay in filing rev...

Supreme Court

Supreme Court Allows Appeal in Municipal Tax Dispute — Water Benefit Tax Held Leviable Despite Disconnection of Water Supply. Premises Connected by Communication Pipes with Municipal Water Works Attract Property Tax Under Section 141 of Mumbai Municipal Corporation Act, 1888, Irrespective of Actual Water Consumption.

22 Oct 2019

The Supreme Court allowed the appeal filed by the Municipal Corporation of Greater Mumbai against the judgment of the Bombay High Court, which had qua...

Supreme Court

Supreme Court Allows Revenue's Appeal in Income Tax Case — Notice Under Section 143(2) Valid When Sent to PAN Database Address. The Court held that the Assessing Officer's issuance of notice to the address in the PAN database within limitation was sufficient compliance, and the assessee's failure to prove intimation of change of address rendered the assessment order valid.

4 Oct 2019

The Supreme Court allowed the appeal filed by the Principal Commissioner of Income Tax, Mumbai, against the judgment of the Bombay High Court which ha...

Supreme Court

Supreme Court Allows Appeal in Insurance Arbitration Limitation Dispute — Exclusion of Time Under Section 14 Limitation Act Granted for Representation After Return of Petition. The Court held that the time spent in bona fide proceedings before a court lacking jurisdiction can be excluded, and the delay in re-presentation beyond the fixed date was not fatal.

3 Oct 2019

The appellant insurance company issued a fire insurance policy to the respondent company for Rs.70,00,000. A fire occurred on 23.04.2000. The insurer ...

Supreme Court

Supreme Court Sets Aside NCLAT Order on Limitation for IBC Section 7 Application. Article 137 of Limitation Act Applies, Not Date of IBC Commencement.

30 Sep 2019

The Supreme Court allowed the appeal filed by Sagar Sharma & Anr. against the order of the National Company Law Appellate Tribunal (NCLAT) in a matter...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Limitation Bar — Winding Up Petition Filed Beyond Three Years from Default Date Cannot Be Revived Under IBC. The Court held that a time-barred winding up petition under the Companies Act, 1956 cannot be treated as a valid Section 7 application under the IBC, and the filing of a suit for specific performance does not extend limitation for a winding up petition.

25 Sep 2019

The Supreme Court considered appeals arising from the admission of a winding up petition under the Insolvency and Bankruptcy Code, 2016 (IBC). The pet...

Supreme Court

Supreme Court Allows Appeals of Secured Creditors in SARFAESI Act Case — Holds Chief Judicial Magistrate Competent Under Section 14. The Court resolved the conflict among High Courts by interpreting that the CJM can exercise powers under Section 14 of the SARFAESI Act, 2002, for taking possession of secured assets in non-metropolitan areas.

23 Sep 2019

The Supreme Court resolved a conflict among High Courts regarding the interpretation of Section 14 of the Securitisation and Reconstruction of Financi...

Supreme Court

Supreme Court Allows Tenant's Appeal in Maharashtra Tenancy Act Case — Right to Purchase Not Lost Due to Lack of Knowledge of Landlord's Death. The court held that the limitation period under Section 32-F of the Maharashtra Tenancy and Agricultural Lands Act, 1948 runs from the date the tenant gains knowledge of the cessation of the landlord's disability, not from the date of cessation itself.

18 Sep 2019

The case involves a dispute under the Maharashtra Tenancy and Agricultural Lands Act, 1948, concerning the right of tenants to purchase agricultural l...

Supreme Court

Supreme Court Allows Appeal in IBC Limitation Case, Holds Section 7 Application Time-Barred Under Article 137 of Limitation Act. The Court ruled that Article 62 of Limitation Act applies only to suits, not to applications under Section 7 of IBC, and time-barred debts cannot be revived under the Code.

18 Sep 2019

The case involves an appeal against the judgment of the National Company Law Appellate Tribunal (NCLAT) which had dismissed the appellant's appeal and...

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