Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Limitation for a Section 9 IBC application based on MSME Council awards was examined, specifically whether issuance of a Section 8 demand notice in 2019 revived limitation for an application filed in 2020. It was held that the 10-day period after service of a Section 8 notice is only a condition precedent to filing and cannot be used to compute or extend limitation. The limitation period is governed by Article 137 of the Limitation Act, requiring filing within three years from when the right to sue accrues, i.e., when the award became final and operative. Since the claim was already time-barred when the Section 8 notice was issued, the application remained barred and the appeal was dismissed - NCLAT
Limitation for a Section 9 IBC application based on MSME Council awards was examined, specifically whether issuance of a Section 8 demand notice in 2019 revived limitation for an application filed in 2020. It was held that the 10-day period after service of a Section 8 notice is only a condition precedent to filing and cannot be used to compute or extend limitation. The limitation period is governed by Article 137 of the Limitation Act, requiring filing within three years from when the right to sue accrues, i.e., when the award became final and operative. Since the claim was already time-barred when the Section 8 notice was issued, the application remained barred and the appeal was dismissed - NCLAT
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