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Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index
1 day, 12 hours ago

Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index

Live Law  

Advocate Supreme Court deprecates practice of litigant engaging new lawyer to reargue case after court expressed dissatisfaction on merits. Airports Economic Regulatory Authority of India v. Delhi International Airport, 2024 LiveLaw 812 Arbitration and Conciliation Act, 1996 Section 11 - Arbitration Clause in Public Premises Disputes – Applicability of the Public Premises Act, 1971 vis-à-vis the Arbitration and Conciliation Act, …

India Delhi Supreme Court High Court Court Proceedings Bihar Constitution
Arbitration Cases Half Yearly Digest: January To June 2024
5 months, 2 weeks ago

Arbitration Cases Half Yearly Digest: January To June 2024

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Supreme Court High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A Arbitration Act : Supreme Court Case Title: CHIEF ENGINEER PWD VERSUS M/S BSC & C and C JV Citation : 2024 LiveLaw 425 The Supreme Court held that a High Court which does not have original civil jurisdiction does not have …

India Justice Delhi Supreme Court High Court Arbitration Court
Arbitration Weekly Round Up: 22nd April to 28th April 2024
7 months, 2 weeks ago

Arbitration Weekly Round Up: 22nd April to 28th April 2024

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Allahabad High Court Court Under Section 19 Of MSMED Act, 2006 Empowered To Allow Predeposit In Installments: Allahabad High Court Case Title: M/S Docket Care Systems vs M/S Hariwill Electronics India Pvt. Delhi High Court Debt Acknowledged In Letters, Delhi High Court Grants Benefit Of Section 18 To Hold Invocation Of Arbitration Within Limitation Case Title: Paisalo Digital Limited v. …

Justice Delhi High Court Arbitration Court Title Delhi High Court
RERA Cases Quarterly Digest 2024
8 months, 1 week ago

RERA Cases Quarterly Digest 2024

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Ministry of Housing and Urban Affairs The Ministry Of Housing And Urban Affairs Releases Report On The Implementation Status Of The Real Estate Act The Ministry of Housing and Urban Affairs has released the implementation status report of the Real Estate Act, 2016, commonly known as RERA, in India. Tamil Nadu Real Estate Appellate Tribunal TNREAT Orders Hiranandani Realtors To …

Regulatory Project Tribunal Estate Real Bench Karnataka Rera
Consumer Cases Monthly Round-Up: March 2024
8 months, 2 weeks ago

Consumer Cases Monthly Round-Up: March 2024

Live Law  

Ministry of Housing and Urban Affairs The Ministry Of Housing And Urban Affairs Releases Report On The Implementation Status Of The Real Estate Act The Ministry of Housing and Urban Affairs has released the implementation status report of the Real Estate Act, 2016, commonly known as RERA, in India. District Consumer Disputes Redressal Commission–X, Delhi Persisting Defects in Lancers Cedia …

India Karnataka Consumer Kerala Delhi Samsung Central Bank
Bombay High Court: Co-Promoters Are Also Liable To Pay Refund With Interest To Allottees In Case Of Delay Under Section 18 Of The RERA.
9 months, 2 weeks ago

Bombay High Court: Co-Promoters Are Also Liable To Pay Refund With Interest To Allottees In Case Of Delay Under Section 18 Of The RERA.

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The Bombay High Court bench, comprising of Justice Sandeep V. Marne, has held that promoters who are part of a real estate project but haven't received any consideration from the allottee will still be classified as “Promoters” under Section 2. The appellant filed an appeal before the Honorable Bombay High Court against the Tribunal's order dated October 18, 2022, contending …

Court Bombay High Court Order Promoters High Respondent No Respondent
Yearly Digest Of IBC Cases: 2023
11 months, 3 weeks ago

Yearly Digest Of IBC Cases: 2023

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Supreme Court “Inappropriate, Almost Bordering On Contempt”: SC Deprecates NCLAT Order Impeding Implementation Of SC Order Case Title: Indiabulls Housing Finance Ltd. v Iirf India Realty Xii Ltd. & Ors. 1125 of 2022 The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Ashok Bhushan and Shri Barun Mitra, has directed the liquidation of the Corporate Debtor, M/s Ajanta …

India Justice Supreme Court Court Resolution Gratuity Chief Justice
[S.18 MSME Act] Challenge To Facilitation Council Order Lies With High Court Having Territorial Jurisdiction Over Council: Kerala High Court
1 year, 5 months ago

[S.18 MSME Act] Challenge To Facilitation Council Order Lies With High Court Having Territorial Jurisdiction Over Council: Kerala High Court

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The Kerala High Court recently held that the challenge to an order issued by the Facilitation Council under the Micro, Small and Medium Enterprises Development Act, 2006, for a dispute between a supplier and buyer, would lie with the High Court in whose territorial jurisdiction the Facilitation Council is located. A single bench of Justice Viju Abraham observed that under …

Karnataka Kerala High Court Jurisdiction Court Kerala High Court Order
Entries Made In Balance Sheet Amounts To Acknowledgement Of Debt As Per Section 18 Of Limitation Act, 1963: NCLT New Delhi
1 year, 8 months ago

Entries Made In Balance Sheet Amounts To Acknowledgement Of Debt As Per Section 18 Of Limitation Act, 1963: NCLT New Delhi

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The National Company Law Tribunal, New Delhi Bench, comprising of Shri Bachu Venkat Balaram Das, and Shri Rahul Bhatnagar, while adjudicating an application filed under section 9 of Insolvency and Bankruptcy Code, 2016 in M/s SKC Infratech Pvt. Ltd. has reiterated that entries made in the Balance Sheet amounts to acknowledgement of debt as per section 18 of Limitation Act, …

Corporate Balance Operational Creditor Operational Debt Limitation Act Limitation
No Acknowledgement Of Liability Based On An Unrealized Cheque: NCLAT Chennai
1 year, 10 months ago

No Acknowledgement Of Liability Based On An Unrealized Cheque: NCLAT Chennai

Live Law  

The National Company Law Appellate Tribunal, Chennai Bench, comprising of Justice M. Venugopal and Ms. Shreesha Merla, while adjudicating an appeal filed in M/s. UCAL Fuel Systems Ltd., has held that a cheque which has not been encashed, cannot amount to an ‘acknowledgement of liability’ in terms of Section 18 of the Limitation Act, 1963. The Operational Creditor submitted that …

Corporate Corporate Debtor Operational Limitation Liability Bench Nclat
Borrower Has To Pre-deposit 50% Of Which Amount In Appeal Before DRAT U/S 18 SARFAESI Act? Supreme Court Explains
1 year, 11 months ago

Borrower Has To Pre-deposit 50% Of Which Amount In Appeal Before DRAT U/S 18 SARFAESI Act? Supreme Court Explains

Live Law  

While calculating the amount to be deposited as predeposit under Section 18 of the SARFAESI Act, 50% of which amount the borrower is required to deposit as pre-deposit? The bench of Justices M R Shah and B V Nagarathna held as follows: Whatever amount is mentioned in the notice under Section 13 of the SARFAESI Act, in case steps taken …

Supreme Court Appeal Court Sale Assets Debt Case
All India Annual Digest Of IBC Cases-2022- Supreme Court, High Courts And Tribunals
1 year, 11 months ago

All India Annual Digest Of IBC Cases-2022- Supreme Court, High Courts And Tribunals

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SUPREME COURT Supreme Court Declares Noida As An Operational Creditor Under The Insolvency And Bankruptcy Code, 2016 Case title: New Okhla Industrial Development Authority v Anand Sonbhadra Case No. The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Ashok Bhushan, Ms. Shreesha Merla and Mr. Naresh Salecha, while adjudicating an appeal has upheld that Corporate Insolvency Resolution Process …

India Justice Supreme Court High Court Appeal Corporate Court
S.18 RTI Act Does Not Empower State Commission To Direct PIO To Furnish Information Sought: Kerala High Court
2 years, 1 month ago

S.18 RTI Act Does Not Empower State Commission To Direct PIO To Furnish Information Sought: Kerala High Court

Live Law  

The Kerala High Court has held that when a complaint is filed before the State Information Commission under Section 18 of the Right to Information Act for illegal denial of information, it may impose a penalty on the errant Public Information Officer. The Kerala High Court, in a 2014 decision, held that when an application made for information as provided …

Court Information Kerala High Court Public Information State Commission Complaint
MGNREG Act | Collector Can Transfer Gram Rozgar Sevaks For 'Administrative Exigencies': Orissa High Court
2 years, 3 months ago

MGNREG Act | Collector Can Transfer Gram Rozgar Sevaks For 'Administrative Exigencies': Orissa High Court

Live Law  

The Orissa High Court has held that a Collector can transfer Gram Rozgar Sevakas, who are engaged under Section 18 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 read with the MGNREG's Operational Guidelines, 2013, for 'administrative exigencies'. While dismissing challenges to such transfers, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Chittaranjan Dash held, …

Court Orders Transfer State Act Collector Gram
S.18 Arms Act | No Appeal Lies Against Issuance Of Arms Licence: Rajasthan High Court
2 years, 4 months ago

S.18 Arms Act | No Appeal Lies Against Issuance Of Arms Licence: Rajasthan High Court

Live Law  

The Rajasthan High Court has held that there is no provision where appeal can be entertained under Section 18 of the Arms Act against anorder of issuance of arms licnece. Notably, section 18 of the Arms Act states that any person aggrieved by an order of the licensing authority refusing to grant a licence or varying the conditions of a …

Appeal Court Order Licence Act Person Arms
OTS Proposal Is An 'Acknowledgement Of Debt' Under Section 18 Of Limitation Act: NCLAT Delhi
2 years, 5 months ago

OTS Proposal Is An 'Acknowledgement Of Debt' Under Section 18 Of Limitation Act: NCLAT Delhi

Live Law  

The National Company Law Appellate Tribunal, New Delhi Bench, comprising of Justice Anant Bijay Singh and Ms. Shreesha Merla, while adjudicating an appeal filed in Tejas Khandhar v Bank of Baroda, has held that a One Time Settlement proposal falls within the definition of 'acknowledgement of debt' under Section 18 of the Limitation Act, 1963. Further, the acknowledgment must be …

Corporate Financial Proposal Debt Limitation Act Filed Bench
Limitation Is Refreshed Each Year When Corporate Debtor Admits Debt In Its Financial Statements: NCLT Kolkata Initiates CIRP Against GIT Textiles
2 years, 5 months ago

Limitation Is Refreshed Each Year When Corporate Debtor Admits Debt In Its Financial Statements: NCLT Kolkata Initiates CIRP Against GIT Textiles

Live Law  

The National Company Law Tribunal, Kolkata Bench, comprising of Shri Rohit Kapoor and Shri Harish Chander Suri, while adjudicating an application filed in UCO Bank v GIT Textiles Manufacturing Limited, has initiated Corporate Insolvency Resolution Process against GIT Textiles Manufacturing Ltd. for a default that had occurred in 2012 and has held that limitation refreshed each subsequent year when the …

Corporate Corporate Debtor Limitation Held Bench Default Irp
Insolvency Law in Review – February & March 2022
2 years, 6 months ago

Insolvency Law in Review – February & March 2022

Live Law  

The enactment of the Insolvency and Bankruptcy Code 2016 has had significant ramifications on the corporate insolvency landscape. In Jet Aircraft Maintenance Engineers Welfare Association v. Shri Ashish Chhawchharia Resolution Professional for Jet Airways Ltd. & Others, the NCLAT, New Delhi held that the provision of moratorium under Section 14 of the Code and the provision of Regulation 29 of …

Law India Delhi Mumbai Hyderabad Corporate Chennai
Section 18 Limitation Act Is Applicable To IBC Proceedings, Reiterates Supreme Court
2 years, 7 months ago

Section 18 Limitation Act Is Applicable To IBC Proceedings, Reiterates Supreme Court

Live Law  

The Supreme Court observed that the provisions of Section 18 of the Limitation Act are applicable to proceedings under the Insolvency and Bankruptcy Code, 2016.An acknowledgement in a balance sheet without a qualification can furnish a legitimate basis for determining as to whether the period of limitation would stand extended, so long as the acknowledgement was within a period of …

India Bank Limitation Period Proceedings Act Three Years
'Last Opportunity': Calcutta HC Raps State Gov For Not Filing Response In Plea Alleging Non-Appointment Of Appellate Authority Under POSH Act
2 years, 10 months ago

'Last Opportunity': Calcutta HC Raps State Gov For Not Filing Response In Plea Alleging Non-Appointment Of Appellate Authority Under POSH Act

Live Law  

The Calcutta High Court on Tuesday came down on the State government for not filing its response in a Public Interest Litigation petition alleging that the State government is yet to notify the appointment of an appellate authority as prescribed under Section 18 of the Sexual Harassment of Women at Workplace Act, 2013. Section 18 of the 2013 Act stipulates …

Court Act Bench Section 18 Section 18 Of Its Response Last Opportunity
Financial Creditor Has To Prove That Application Filed U/s 7 IBC Is Not Barred By Limitation; But Materials Produced By Corporate Debtor Can Be Examined: Supreme Court
3 years, 2 months ago

Financial Creditor Has To Prove That Application Filed U/s 7 IBC Is Not Barred By Limitation; But Materials Produced By Corporate Debtor Can Be Examined: Supreme Court

Live Law  

The Supreme Court observed that adjudicating authority can examine the material placed on record by the corporate debtor to determine whether an application filed by financial creditor is not beyond the period of limitation.The court clarified that the burden of prima facie proving occurrence of the default and that the application filed under Section 7 of the Insolvency and Bankruptcy …

Supreme Court Corporate Financial Corporate Debtor Application Limitation Period
What Made Justice. R.F. Nariman Overrule The Judgements He Appeared As Counsel For Losing Side (Part-II)
3 years, 3 months ago

What Made Justice. R.F. Nariman Overrule The Judgements He Appeared As Counsel For Losing Side (Part-II)

Live Law  

Read Part I here This article discusses the second judgement authored by Justice R.F. Appellant filed an appeal before the Supreme Court where the substantial question of law was framed as: "Whether the appellate authority constituted under Section 18 of the Kerala Buildings Act, 1965 has power to condone the delay in the filing of appeal before it under the …

Law Justice Appeal Court Tribunals Courts Application
Money Decree/Certificate Of Recovery In Favour Of Financial Creditor Gives Fresh Cause Of Action To Initiate CIRP U/s 7 IBC: Supreme Court
3 years, 4 months ago

Money Decree/Certificate Of Recovery In Favour Of Financial Creditor Gives Fresh Cause Of Action To Initiate CIRP U/s 7 IBC: Supreme Court

Live Law  

The Supreme Court observed that a judgment and/or decree for money in favour of the Financial Creditor, or the issuance of a Certificate of Recovery in its favour, would give rise to a fresh cause of action for the Financial Creditor, to initiate proceedings under Section 7 of the IBC for initiation of the Corporate Insolvency Resolution Process. The court …

Supreme Court Judgment Corporate Financial Recovery Court Limitation
Balance Sheets Entries Can Amount To Acknowledgement Of Debt U/s 18 Limitation Act: Supreme Court Sets Aside NCLAT Full Bench Ruling
3 years, 8 months ago

Balance Sheets Entries Can Amount To Acknowledgement Of Debt U/s 18 Limitation Act: Supreme Court Sets Aside NCLAT Full Bench Ruling

Live Law  

The Supreme Court has held that entries in balance sheets can amount to acknowledgement of debt for the purpose of extending limitation under Section 18 of the Limitation Act.A bench headed by Justice RF Nariman set aside a judgment of Full Bench of National Company Law Appellate Tribunal in the case V Padmakumar v Stressed Assets Stabilization Fund which held …

Law Supreme Court Judgment Balance Debt Limitation Sheet