Tag: Limitation Act

Section 11 Arbitration Application After Unconditional Withdrawal

Supreme Court Bars Fresh Filing Of Section 11 Arbitration Application After Unconditional Withdrawal

Thursday November 14, 2024. BY Riya Pichaya | Arbitration and Conciliation

Introduction The Hon’ble Supreme Court recently in M/s. HPCL Bio-Fuels Ltd. vs M/s. Shahaji Bhanudas Bhad held that Order 23 Rule 1 of the Civil Procedure Code (“CPC”) applies to applications for the appointment of

Adverse Possession Limitation Begins When Possession Becomes Adverse, Not When Ownership Is Established Supreme Court

Adverse Possession Limitation Begins When Possession Becomes Adverse, Not When Ownership Is Established: Supreme Court

Saturday October 19, 2024. BY Brian Noronha and Amisha Upadhyay | Civil

In a recent judgment, the Hon’ble Supreme Court (“SC”) in the case of Neelam Gupta and Ors v. Rajendra Kumar Gupta and Anr.[i], categorically held that the period of limitation for establishing title by adverse

What constitutes breaking point while applying for appointment of arbitration...Supreme Court

What constitutes breaking point while applying for appointment of arbitrator?…Supreme Court

Saturday May 27, 2023. BY Aaushi Shah Doshi and Neeli Sandesara | Arbitration and Conciliation

Introduction In the recent judgment of M/s. B and T AG vs. Ministry of Defence[1],the Supreme Court (“the SC”) while discussing on issues of limitation for filing of application under S.11 (“the Application”)of the Arbitration

Insolvency and Backruptcy

Balance sheet entries can amount to acknowledgement of debt under Section 18 of Limitation Act

Monday April 19, 2021. BY IndiaLaw Research | Insolvency & Bankruptcy

The Supreme Court in Asset Reconstruction Company (India) Limited vs. Bishal Jaiswal & Anr.[1] has ruled that entries in balance sheets can amount to acknowledgement of debt for the purpose of extending limitation under Section

Insolvency and Backruptcy

PERIOD OF LIMITATION STARTS FROM THE DATE OF DEFAULT, NOT FROM THE DATE OF DECREE: NCLAT

Saturday February 15, 2020. BY Risha Shah | Insolvency & Bankruptcy

In a recent judgment Sh G Eswara Rao vs. Stressed Assets Stabilisation Fund[i] National Company Law Appellate Tribunal (“NCLAT”), the appellate tribunal under the Insolvency & Bankruptcy Code, 2016 (“I&B Code”) held that period of

Insolvency and Backruptcy

Applicability of Limitation Act to Insolvency Cases

Friday September 27, 2019. BY Umang Shirodariya | Insolvency & Bankruptcy

The Insolvency & Bankruptcy Code 2016 (“IB Code”) was enacted in 2016. The question of applicability of the the Limitation Act, 1963 (“Limitation Act”) to IB Code continues to be a bone of contention till

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