Insolvency and Bankruptcy Code, 2016, Section 1 - - Date of coming into force of Code does not and cannot form a trigger point of limitation for applications filed under the Code...........
Insolvency and Bankruptcy Code, 2016 -- Application filed under the Code - Since applications are petitions which are filed under the Code, it is Art.137 of Limitation Act which applies to such applications...........
Railways Act, 1989, Section 124A, Limitation Act, 1963, Section 5 -- Compensation - Condonation of delay - Delay of 557 days - Absence of any provision of Railways Act providing for condonation of delay in filing claim application is of no consequence nor can respondent be heard to say that in absence of any such provision providing condonation of delay in Railways Act,..........
Limitation Act, 1963, Section 9, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Limitation - Complaint u/s 12 of the Act - Complaint filed after two years of judicial separation - Offence in question is continuing offence - Complaint is not barred by limitation...........
Companies Act, 1956, Section 433(e), 434 -- Winding up petition - Limitation - Trigger point for purpose of limitation for filing of a winding up petition u/s 433(e) of the Act would be date of default in payment of debt in any of three situations mentioned in S.434 of the Act - Contention rejected, that cause of action for purposes of limitation would include commercial..........
Companies Act, 1956, Section 434(1)(a) -- Winding up petition - Limitation - Suit for recovery based upon a cause of action that is within limitation cannot in any manner impact separate and independent remedy of a winding up proceeding...........
Limitation Act, 1963, Article 137, Companies Act, 1956, Section 433(e), 434 -- Limitation - Winding up petition - Petition filed beyond the prescribed period of three years as mentioned in Art.137 of Limitation Act from the date of default - Petition is time barred, thus, cannot be proceeded with any further...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitration and Conciliation (Amendment) Act, 2015, S.11(6A) - Appointment of arbitrator - Limitation - S.11(6) of Amendment Act, prohibits High Court from going into any other aspect other than examination of existence of arbitration agreement - Court is precluded from going into the issue of limitation...........
Hindu Marriage Act, 1955, Section 11, 12 -- Annulment of marriage - Fraud - Suppression of earlier marriage by wife - Petition filed by husband after gap of one year from alleged date of fraud - In view of limitation provided u/s 12(2) of the Act petition is not maintainable - Application rightly dismissed...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration that deed of cancellation of gift deed and deed of transfer is invalid, null and void - Donor had no authority to revoke gift deed - Hence, subsequent documents i.e transfer of property were in themselves without authority and null and void - Declaration was only incidental to title and possession of..........
