Interplay of IB Code with Law on Limitation – Putting to Rest Section 18 Dilemma – Part II
by Akaant Kumar Mittal†
Cite as: 2021 SCC OnLine Blog Exp 33
Search Results for: extension of limitation
Chh HC | Legislature does not prescribe limitation with the object of destroying the rights of parties; Word “sufficient cause” to be given liberal construction
Chhattisgarh High Court: Rajendra Chandra Singh Samant, J., allowed the petition and set aside the impugned order. The facts of the case
Continue readingKar HC | Whether the indefeasible right of an accused to seek compulsive bail under S. 167(2) CrPC is defeated by the unilateral extension of time by the Court; HC elaborates
Karnataka High Court: John Michael Cunha, J., while allowing the present application for bail under Section 439 Criminal Procedure Code, 1973 made
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NCLAT | Whether provisions of Limitation Act, 1963 vide S. 238A of I&B Code, 2016 will be applicable to all NPA cases or not? Tribunal answers
National Company Law Appellate Tribunal (NCLAT): Full Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Justice Anant Bijay Singh (Member, judicial) and
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Bangladesh SC | Period of limitation in filing petitions/applications/suits/appeals/revisions and all other proceedings under general or special laws extended till 31st August
Supreme Court of Bangladesh: Full Bench of Syed Mahmud Hossain, CJ and Muhammad Imman Ali, Hasan Foez Siddique, Mirza Hussain Haider, Abu
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COVID-19| SC extends limitation prescribed under the A&C, 1996 and the NI Act,1881
Supreme Court: The 3-judge bench of SA Bobde, Deepak Gupta and Hrishikesh Roy, JJ has directed extended the limitation prescribed under the
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Coronavirus (COVID-19)| SC extends limitation period for filing petitions/applications/suits/appeals, etc.
Supreme Court: The 3-judge bench of SA Bobde, CJ and L. Nageswara Rao and Surya Kant, JJ invoked its power under Article
Continue reading“Open, mutual and current account” exists only when there are shifting balances; cash payment simpliciter held not to extend limitation under Section 18, 19 limitation Act: Delhi HC
Delhi High Court: A Single Judge Bench comprising of Valmiki Mehta, J., dismissed a regular first appeal filed under Section 96 of
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30 days limitation period under Section 30 of RDB Act can’t be condoned by Section 5 of Limitation Act
Supreme Court: Deciding the question as to whether Section 5 of the Limitation Act, 1963 can be invoked to condone the prescribed
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Know Thy Judge | Supreme Court of India: Justice Jitendra Kumar Maheshwari
In August 2021, Justice J.K. Maheshwari became the first Chief Justice from Sikkim High Court to be elevated to the Supreme Court and has served as Chief Justice of two High Courts, Andhra Pradesh and Sikkim High Courts.
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Will arbitration proceedings survive if mandate of arbitrator is terminated? Delhi HC answers
“The arbitral proceedings in the matter were not terminated but the Arbitrator had been non-responsive and was unable to perform his functions. Thus, as per Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, the present case is suited for appointment of a substitute Arbitrator for adjudicating the disputes.”
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Know Thy Judge | Supreme Court of India: Justice K.V. Viswanathan
On 19-05-2023, Justice K.V. Viswanathan became one of the few lawyers, who were elevated directly from the Bar to the Judgeship of the Supreme Court of India. With Justice Viswanathan’s elevation, the Collegium hopes to enhance the representation of the Bar in the Supreme Court.
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Supreme Court Roundup October 2023| Same-Sex marriage; Manual Scavenging; Senior Advocate Designation; Termination of Pregnancy; Family Planning and more
The month of October was focused on the long term battle on the same- sex marriage. Take a round of all the major judicial pronouncements by the Supreme Court during this month along with some never reported judgments and write ups on the Supreme Court Judges through the know-thy Judge segment.
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Know Thy Judge| Supreme Court of India: Justice Jitendra Kumar Maheshwari
In August 2021, Justice J.K. Maheshwari became the first Chief Justice from Sikkim High Court to be elevated to the Supreme Court.
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Punjab and Haryana High Court bats for service of summons through WhatsApp and other electronic media; issues detailed guidelines
Punjab and Haryana High Court observed that to avoid any undue disposal of the proceedings pending before the Revenue Courts wherein the intention of a party in possession of the land is to delay the proceedings, issuance of specific guidelines is necessary.
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No inconsistency between Section 33 IBC and Section 11-B of the Central Excise Act, 1944; NCLAT partly allows appeal
In the present case, a Liquidator filed an application before for release/refund of unlawful payment by the applicant. The Tribunal, partly allowing the appeal, upheld the refund of the amount of Rs.25,46,588/- and of the amount of Rs.1,08,797/- as no application for refund was filed for the said amount.
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Delhi High Court| Negligence of counsel not a reasonable ground within Order XI Rule 1(5) CPC; Facts of the case must disclose ‘urgency’ to avail benefit under Or. XI R. 1(4) CPC
Delhi High Court: In a case filed by the petitioner challenging dismissal order in relation to an application filed seeking
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