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Supreme Court clarifies on Fundamental Right under Article 21 of the Indian Constitution vis-à-vis Insolvency and Bankruptcy Code, 2016

Supreme Court clarifies on Fundamental Right under Article 21 of the Indian Constitution vis-à-vis Insolvency and Bankruptcy Code, 2016 by Mrs. Shikha Goenka Ginodia (Partner) and Mr. Gaurav Suryavanshi (Principal Associate) In a landmark ruling aimed at safeguarding the interests of homebuyers, the Supreme Court of India in Mansi Brar Fernandes v. Shubha Sharma & Ors.…

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Section 3 and Section 5

Section 3 and Section 5 By Kuber Wagle, Principal Associate and Ruddhi Bhalekar, Associate Pathapati Subba Reddy (Died) By L. Rs. & Ors. Versus The Special Deputy Collector (LA) Corum- Hon’ble Justice Bela M. Trivedi and Hon’ble Justice Pankaj Mithal Brief facts The present appeal pertains to a certain land acquired in the year 1989 in…

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Limitation period for initiating proceedings

Limitation period for initiating proceedings By Purazar Fouzdar, Partner and Declan Fernandez, Associate In a recent judgement, the Hon’ble Supreme Court of India’s has delved deeply into the intricacies of the arbitration process in India, particularly focusing on the applicability of the Limitation Act, 1963 (“Limitation Act”) to arbitration proceedings under Section 11 of the…

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