Constitution of India, 1950, Article 226 -- Writ petition - Laws of limitation do not apply to exercise of jurisdiction u/art 226 of Constitution...........
Insolvency and Bankruptcy Code, 2016, Section 9 -- Corporate Insolvency Resolution process (CIRP) - Condonation of delay in filing application u/s 9 of IBC - Pendency of proceedings in a parallel forum is not sufficient cause for delay in filing an application u/s 9 of IBC, particularly by the time application was filed, claim had become barred by limitation...........
Insolvency and Bankruptcy Code, 2016, Section 7, 9 -- Corporate Insolvency Resolution process (CIRP) - Limitation - CIRP could be initiated by filing an application u/s 7 or S.9 IBC, within 3 years from the date on which an application under those provisions of IBC could have first been made before NCLT even though right to sue may have accrued decades ago...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue of limitation is a mixed question of fact and law - Trial Court rightly deferred the issue of limitation to be considered after framing of issue and recording of evidence of parties - Application for rejection of plaint rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Ordinarily question of limitation is a mixed question of law and facts and therefore, ought to be adjudicated during trial - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law relating to limitation not framed - High Court could not have answered the question of limitation in favour of respondent (i) without framing any substantial question of law and (ii) without even a reference to Article 54 of Limitation Act...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Limitation - When there is bonafide mistake done in good faith, matter relates back to original date of filing of suit and impleadment of parties to suit cannot be refused on the ground of limitation...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Amendment of plaint - Suit for specific performance - Petitioners are necessary parties to suit and due to bona fide mistake they were not named in the suit - However, trial Court dismissed the application for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Cause of action and claim introduced and set up by way of proposed amendment clearly barred by limitation - Even otherwise plaintiff were precluded from raising the same issue which was already decided in first suit - Order allowing amendment set aside...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in filing complaint - Cause of action arose on 17.3.2018 - Complaint filed after delay of 7 days i.e on 25.4.2018 - No petition for condoning delay has been filed on behalf of complainant and without condoning delay, Court below has taken cognizance on complaint which was barred by limitation..........
