Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
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Section 14(1) of the Limitation Act was applied liberally to exclude the time spent in an earlier Section 9 IBC proceeding, because dismissal on the ground of a pre-existing dispute amounted to a legal bar of like nature. The Court held that "court" in Section 14 includes tribunals and that the earlier NCLT proceeding and the civil suit involved the same matter in issue, namely default and liability for the plaintiff's dues. As the plaintiff had acted in good faith and with due diligence, the period before the NCLT was excluded and the suit was treated as within limitation, with the plaint admitted subject to scrutiny.
Section 14(1) of the Limitation Act was applied liberally to exclude the time spent in an earlier Section 9 IBC proceeding, because dismissal on the ground of a pre-existing dispute amounted to a legal bar of like nature. The Court held that "court" in Section 14 includes tribunals and that the earlier NCLT proceeding and the civil suit involved the same matter in issue, namely default and liability for the plaintiff's dues. As the plaintiff had acted in good faith and with due diligence, the period before the NCLT was excluded and the suit was treated as within limitation, with the plaint admitted subject to scrutiny.
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