West Bengal Premises Tenancy Act, 1997, Section 7(2), Limitation Act, 1963, Section 5 -- Eviction - Non-deposit of arrears of rent - Protection against eviction - Deposit of rent along with an application for determination of dispute is a pre-condition to avoid eviction on ground of no, payment of arrears of rent, as provisions of S.7(2) of the Act are mandatory and..........
Income Tax Act, 1961, Section 143(2) -- Notice u/s 143(2) of the Act - Non-service of notice - Notice was sent by Assessing Officer to the assessee's address as mentioned in PAN database - However, case of assessee is that notice not served, as assessee changed its name and address and intimation of the same given to Assessing Officer vide communication - But, alleged..........
Succession Act, 1925, Section 276, 263 -- Grant of probate or revocation of probate or letters of administration - Limitation - No specific period of limitation for grant of probate, or for moving an application of cancellation of probate or letters of administration is prescribed under the Act - Period of limitation as provided u/art 137 of Limitation Act would be..........
Succession Act, 1925, Section 263, Limitation Act, 1963, Article 137 -- Will - Revocation of letters of administration - Limitation - Letters of administration were granted in ancillary proceedings in 1994 - Petition for revocation of letters of administration filed in 1999 - Proceedings were clearly time barred, as original grant of ancillary letters took place in 1994,..........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 14 -- Petition u/s 34 of Act of 1996 - Return of petition for representation in proper Court - Delay of 8 days in representation - Extension of time be sought from Court ordering return of petition - However, application u/s 14 of Act of 1963 filed in Court where petition was represented -..........
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...........
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...........
