Hon’ble Supreme Court held that the limitation period for application under Sec.7 of the Insolvency and Bankruptcy code is three years as provided by Art.137 of the Limitation Act, which commences from the date of default and is extendable only by application of Sec.5 of Limitation Act if any case condonation of delay is made out. Babulal Vardharji Gurji V. Veer Gurjar Aluminium Industries Pvt. Ltd. and Another, 2020 SCC OnLine SC 647.
View DetailsHon’ble Supreme Court reiterated that the right to property is still a constitutional right and a human right. The right to property includes any proprietary/hereditary interest in the right of management of a religion endowment, as well as anything acquired by inheritance. Hari Krishnan Mandhir Trust V. State of Maharastra, Civil Appeal No. 6156 of 2013.
View DetailsHon’ble Supreme Court says that the charge against an accused for offence punishable under the IPC can continue irrespective of the fact that sanction in respective of offence punishable under Prevention of Corruption Act is not forthcoming. Satyabrat Gupta V. The State of Jharkhand, SLP(Crl.) No(s).2787/2020.
View DetailsHon’ble Supreme Court held that for proceeding against a director of a company for contravention of provisions of Foreign Exchange Regulation Act, 1973, the necessary ingredient for proceeding shall be at the time of offence committed the director was in charge and was responsible to the company for the conduct of the business of the company. Shailendra Swarup V. The Deputy Director Enforcement Directorate, 2020 SCC OnLine SC 600.
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