ValkyaEditorial

Tagged “limitation”

10 articles on limitation.

Supreme CourtSupreme Court of India

Krishna Kumar Ojha v. Jitendra Chaudhary (2026): a compromise decree needs the party's signature, not just counsel's

The Supreme Court affirmed the setting aside of a 1994 compromise decree in a partition suit, holding that Order XXIII Rule 3 CPC requires a written agreement signed by the parties, that an advocate's implied authority does not extend to signing away a client's substantive property rights without express authorisation or exigency, and that a roughly 25-year delay could be excused where a fraudulent compromise decree defeated substantive rights.

Valkya Editorial··7 min
Supreme CourtSupreme Court of India

CA Ramchandra Dallaram Choudhary v. Adani Infrastructure (2026): the hard outer limits of a Section 62 IBC appeal

The Supreme Court dismissed a liquidator's Section 62 IBC appeal as time-barred, holding that the Code allows only 45 days plus a 15-day grace period to file, and that a defectively filed appeal must be cured within 28 days under the Supreme Court Rules — beyond which the right to appeal is extinguished and no delay can be condoned.

Valkya Editorial··8 min
Supreme CourtSupreme Court of India

Vaneeta Patnaik v. Nirmal Kanti Chakrabarti (2025): a POSH complaint must clear the three-month bar, and later actions extend it only with a direct nexus

The Supreme Court upheld the dismissal of a sexual-harassment complaint as time-barred under section 9 of the POSH Act. A complaint must be filed within three months of the last incident, extendable by three more for recorded reasons, and later administrative actions extend that window only if they share a direct nexus with the harassment.

Valkya Editorial··7 min
Supreme CourtSupreme Court of India

Kotak Mahindra Bank v. A. Balakrishnan: the DRT Recovery Certificate as financial debt and a fresh cause of action under Article 137

On 30 May 2022 a three-judge bench of the Supreme Court, in Kotak Mahindra Bank Ltd v. A. Balakrishnan, held that the liability arising from a Recovery Certificate issued by a Debts Recovery Tribunal under Section 19 of the RDDBFI Act is a 'financial debt' within the meaning of Section 5(8) of the IBC, that the holder of such a Certificate is a 'financial creditor' under Section 5(7) entitled to file a Section 7 application, and — most consequentially for limitation practice — that the Certificate creates a fresh cause of action so that limitation under Article 137 of the Limitation Act runs from the date of its issuance, not from the date of the original default. A close reading of the bench's reasoning, its extension of the Dena Bank v. C. Shivakumar Reddy line, and what the ruling has come to mean for banks, ARCs and corporate debtors at the s.7 admission stage.

Valkya Editorial··13 min