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Supreme Court of India

B.K. Educational Services Private Limited v. Parag Gupta and Associates

Neutral citation
Bench R. F. Nariman and Navin Sinha JJ.
Decided 11 October 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

22 Supreme Court benches have cited this judgment.

From the headnote

Insolvency and Bankruptcy Code, 2016 – s.238A (As inserted by Insolvency and Bankruptcy Code (Second Amendment) Act, 2018 w.e.f. 06.06.2018) – s.238A, if retrospective in nature – Held: s.238A being clarificatory of law and being procedural in nature, must be held to be retrospective – Amendment of s.238A would not serve its object unless it is construed as being retrospective, as otherwise, applications seeking to resurrect time-barred claims would have to be allowed, not being governed by the law of limitation – Limitation Act, 1963.

Authorities it was built on

Where later benches applied it

Of those, 9 relied on · 13 referred to

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