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Supreme Court of India

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

Neutral citation
Reported as [2018] 12 S.C.R. 794
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 r etrospective in nature – Held: s.238A being clarificator y of law and being pr ocedural in natur e, must be held to be r etrospective – Amendment of s.238A would not ser ve its object unless it is constr ued as being r etrospective, as other wise, applications seeking to r esurrect time-bar red claims would have to be allowed, not being governed by the law of limitation – Limitation Act, 1963. Insolvency and Bankruptcy Code, 2016 – s.238A

Authorities it was built on

Where later benches applied it

Of those, 9 relied on · 13 referred to

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