Limitation Period
12 articles tagged with "Limitation Period".
Supreme Court's Triple Strike on IBC: Moratorium Limits, Writ Restrictions, and Limitation Clarity Reshape Insolvency Practice
The Most Significant Development: Supreme Court's IBC Jurisprudence Reset While SEBI's startup listing review and NCLT's procedural reforms deserve attention, the Supreme Court's recent trilogy of IBC rulings represents the most consequential develop...
"NCLT's Expanding Authority vs. Institutional Decay: The Supreme Court's 2026 Intervention"
The Institutional Paradox: Record Approvals Amid Administrative Collapse The National Company Law Tribunal finds itself at a curious crossroads in 2026. While the tribunal has delivered record numbers of resolution plan approvals—demonstrating its ca...
Supreme Court Strengthens Homebuyer Rights: Arbitration Clauses No Longer a Shield for Developers Against Consumer Complaints
The Arbitration Loophole Finally Closes In a decisive ruling that fundamentally reshapes the dispute resolution landscape for real estate transactions, the Supreme Court has held that an arbitration clause embedded in a builder-buyer agreement does n...
Supreme Court’s 2026 Consumer Jurisprudence: Arbitration Clauses No Longer Shield Builders, But Precision in Pleading is Now Mandatory
The Supreme Court’s 2026 docket has delivered a decisive recalibration of the consumer-protection landscape for real-estate disputes, sending an unambiguous message to developers: the arbitration clause in your builder-buyer agreement is no longer a ...
Supreme Court Fortifies IBC: Finality of Resolution Plans and the End of the "Article 226 Detour"
The Supreme Court’s 2026 IBC Jurisprudence: Certainty Over Convenience The Supreme Court has delivered a decisive blow to procedural opportunism in corporate insolvency, establishing two interlocking principles that will fundamentally alter how pract...
Beyond the Moratorium: Supreme Court Recalibrates Homebuyer Remedies and Corporate Liability in 2026
The IBC Shield Cracks: Directors Cannot Hide Behind Moratorium The most significant civil law development of 2026 emerged in July, when the Supreme Court decisively held that a moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 d...
Homebuyers’ Consumer Remedies Survive Arbitration Clauses and IBC Moratoriums — But Limitation and Personal Liability Are the New Battlegrounds
Supreme Court Strengthens Homebuyers’ Access to Consumer Fora The Supreme Court’s 2026 consumer-law jurisprudence delivers a clear message to real-estate developers: procedural shields will not easily defeat substantive homebuyer claims. In T.K.A. Pa...
Consumer Fora Prevail: Supreme Court Fortifies Homebuyer Rights Against Arbitration and Insolvency Tactics
Statutory Remedies Trump Contractual Clauses The Supreme Court’s ruling in T.K.A. Padmanabhan v. Abhiyan Coop. Group Housing Society Ltd. represents more than a mere reaffirmation of existing law—it is a decisive strike against the increasingly commo...
Arbitration Clauses Won't Save Builders Anymore: Supreme Court's 2026 Verdict Reshapes Homebuyer Litigation Strategy
The Death Knell for "Arbitration-First" Defence in Consumer Disputes The Supreme Court's 2026 decision in T.K.A. Padmanabhan v. Abhiyan Coop. Group Housing Society Ltd. has fundamentally altered the litigation landscape for real estate disputes. By h...
The JDA Jurisdictional Split: Why the Supreme Court Just Evicted Landowners from Consumer Forums (While Shielding Homebuyers)
For real estate litigators, 2026 is shaping up to be the year of jurisdictional reckoning. If your practice relies heavily on dragging developers to the National Consumer Disputes Redressal Commission (NCDRC), the Supreme Court has just redrawn the b...
Continuous Treatment Trumps the Calendar: The Madras High Court Dismantles the "Hyper-Technical" Limitation Defense in Medical Negligence
There is a recurring, almost mechanical strategy deployed by hospital defence counsel in medical negligence cases: the moment a consumer complaint is filed, point to the date of the patient’s initial discharge, invoke the strict two-year limitation p...
The "Continuous Treatment" Trap: Why Hospitals Can’t Hide Behind Section 69 When Corrective Surgeries Fail
The Hook: When Does the Clock Actually Start Ticking? In medical negligence cases, Section 69 of the Consumer Protection Act, 2019, is the standard shield for defending hospitals. The two-year limitation period is usually calculated from the date of ...
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