Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
An application under Section 7 of the Insolvency and Bankruptcy Code is governed by Article 137 of the Limitation Act, and time runs from the date of default. The Court held that limitation began when the accounts were classified as NPA on 06.12.2016, not from the later end of SARFAESI proceedings. After excluding the moratorium period under Section 60(6) and the Covid-related exclusion orders, the petition was still filed beyond the remaining limitation period and was time-barred. The Court also held that admission of a claim by the IRP/RP is only an administrative act and does not amount to acknowledgment under Section 18 of the Limitation Act, which requires a conscious admission by the debtor or authorised person before limitation expires.
An application under Section 7 of the Insolvency and Bankruptcy Code is governed by Article 137 of the Limitation Act, and time runs from the date of default. The Court held that limitation began when the accounts were classified as NPA on 06.12.2016, not from the later end of SARFAESI proceedings. After excluding the moratorium period under Section 60(6) and the Covid-related exclusion orders, the petition was still filed beyond the remaining limitation period and was time-barred. The Court also held that admission of a claim by the IRP/RP is only an administrative act and does not amount to acknowledgment under Section 18 of the Limitation Act, which requires a conscious admission by the debtor or authorised person before limitation expires.
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