England and Wales High Court of Justice strikes out Breach of Duty Claim against YZMA Director
The allegations against the defendant related to breach of fiduciary duty, trust and statutory duties he owed as director of YZMA.
Limitation Act
Explained| Allahabad High Court verdict on Gyanvapi Mosque case
In a suit instituted by the Hindu worshippers to secure their right to darshan and pooja of deities Virajman within the premises of the Gyanvapi Mosque Complex, the Allahabad High Court said that merely seeking right to worship Hindu deities does not change the Mosque’s character into a Temple.
Litigation should not be terminated by default of either of the parties; Andhra Pradesh High Court condones a delay of 339 days
Ordinarily the litigation should not be terminated by default either of the plaintiff or the defendant. The cause of justice does require that the adjudication be done on merits.
2023 SCC Vol. 2 Part 1
Civil Procedure Code, 1908 — S. 11 — Res judicata — Applicability: Findings on issue(s) which actually fell for consideration in the
Delay cannot be condoned under Payment of Gratuity Act by taking the aid of the provisions of Limitation Act: Kerala High Court
Kerala High Court perused Section 29(2) of the Limitation Act, 1963 and Section 7(7) of the Payment of Gratuity Act, 1972 and held that the authority under the Payment of Gratuity Act cannot condone the delay in filing an appeal by entertaining an application under Limitation Act.
Andhra Pradesh High Court explains scope of the residuary provision provided under Article 113 of the Limitation Act
When a case falls under any specific provision of law, their residuary clauses cannot be resorted to and the parties cannot seek shelter under the residuary provision under Article 113 of the Limitation Act, 1963.
Allahabad High Court holds revision order defective for admitting without condoning the delay
The Court, not doubting the bona fides of the District Judge, maintained the legal position of Section 5 stating that revision order was a defective one without condoning the delay. There may be instances where the interest of justice may demand Court’s interference to avoid frustration of proceedings due to technicalities, however, in the present instance nothing restrained the District Judge from deciding Section 5 application.
Instituting Cases at the Wrong Fora: A Catalyst for Delay in the Adjudication of Disputes
by Abhijith Christopher*
NCLAT | Can the OTS proposal be an ‘acknowledgment of debt’ under S. 18 of the Limitation Act, 1963?
National Company Law Appellate Tribunal, Delhi: The Bench of Anant Bijay Singh, J., Judicial Member, and Shreesha Merla, Technical Member,
Article 1 of Limitation Act deals with suits relating to accounts: NCLAT highlights scope of Art. 137 of Limitation Act
National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Dr Alok Srivastava (Technical Member) observed
Whether fixation of salary of the MD is within the domain of IBC? NCLAT explains
National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Shreesha Merla (Technical Member) held that
Condonation of Delay: Is it a matter of right? NCDRC explains
National Consumer Disputes Redressal Commission (NCDRC): Expressing its opinion of ‘Condonation of Delay’, Coram of C. Viswanath (Presiding Member) and Justice Ram
No bar to amendment of S. 7 IBC petition until final order; Money decree, recovery certificate in financial creditor’s favour gives fresh cause of action to initiate corporate insolvency resolution process: SC
Supreme Court: A Division Bench of Indira Banerjee and V. Ramasubramanian, JJ. held that there is no bar in law to amendment
Explained: Does Limitation Act, 1963 apply to arbitration proceedings under Section 18(3) of Micro, Small and Medium Enterprises Development Act, 2006
Supreme Court: The bench of Ashok Bhushan and R. Subhash Reddy*, JJ has held that the Limitation Act, 1963 is applicable to
Del HC | Any judicial system which does not provide finality to disputes, can never earn the trust, confidence and goodwill of the society: HC highlights ‘Consent Decree’ and ‘Lawful Compromise’
Litigants think that they can ‘hop on and hop off the case’ at any stage without any consequence using the slogan ‘pure justice’.
NCLAT | ‘Balance and Security Confirmation Letter’ is sufficient ‘acknowledgement of debt’ so as to extend limitation period for initiating insolvency proceedings under S. 7 IBC
National Company Law Appellate Tribunal (NCLAT): A Division Bench of Justice Venugopal M. (Judicial Member) and V.P. Singh (Technical Member) dismissed an
Balance sheet entries can amount to an acknowledgement of liability under Section 18 of the Limitation Act, 1963: Supreme Court
Supreme Court: The 3-judge bench of RF Nariman, BR Gavai and Hrishikesh Roy, JJ has held that an entry made in the
Ker HC | [Eviction and Rent Control] Rent Control Court has power under S. 5 of Limitation Act to condone delay, if sufficient cause is shown; Petition allowed
Kerala High Court: A. Hariprasad J., while hearing a revision petition, set aside the order passed by the Rent Control Appellate Authority,
Chh HC | The word “sufficient cause” under S. 5 of Limitation Act should adopt a liberal and justice-oriented construction to advance justice
Chhattisgarh High Court: Sanjay K Agrawal J., allowed the appeal and condoned the delay while setting aside the impugned order. The facts