Partition -- Limitation - Once parties are co-owners, it always depends upon plaintiff as to when he files suit seeking partition - No limitation is prescribed for seeking partition...........
Contempt of Courts Act, 1971, Section 20, Constitution of India, 1950, Article 215 -- Contempt of Court - Power of Contempt - Beyond limitation period - Can be exercised only in exceptional circumstances and sparingly...........
Cause of action -- Limitation - Where a person is aggrieved from a recurring cause of action, suit cannot be said to be barred by limitation though relief can be restricted...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Plea of limitation - Neither raised before trial Court nor before first Appellate Court - Said plea being mixed question of law and fact, cannot be examined first time in second appeal by High Court...........
Limitation Act, 1963, Article 59 -- Limitation - Religious institutions - Suit for possession - Religious institutions are to be treated as a minor as they are not able to manage the property themselves and they have to act through their manager or Mahant and such managers have to act under some limitations - In the case in hand, suit filed on lease deed executed by Mahant..........
Motor Vehicles Act, 1988, Section 166, Limitation Act, 1963, Section 5 -- Appeal for enhancement of compensation - Delay of 601 days - Condonation of delay - It is evident from application for condonation of delay that appellant was not aware of limitation to file appeal on first instance and on second instance appellant stated that he has handed over documents to counsel..........
West Bengal Premises Tenancy Act, 1997, Section 7(2), Limitation Act, 1963, Section 5 -- Rent and eviction - Arrears of rent - Application for condonation of delay u/s 5 of Limitation Act for delay in depositing rent - When there is default during pendency of suit for making deposit or payment in respect of current rent, it may be protected u/s 7 of the Act - Therefore,..........
Hindu Marriage Act, 1955, Section 15, 28 -- Decree of divorce in favour of husband - Husband remarrying before expiry of limitation to file appeal - While holding that there is no merit in appeal filed by wife, husband burdened with costs of Rs.1,00,000/- payable to wife, on ground of errant conduct of husband. Paras 7 to 9)..........
Limitation Act, 1963, Article 60 -- Limitation - Partition suit - Mahomedan Law - Suit for partition filed by plaintiff after 28 years of attaining majority - Suit is not maintainable as plaintiff has not filed suit within 3 year after attaining majority u/art 60 of Limitation Act - Suit rightly dismissed...........
Limitation Act, 1963, Article 60 -- Limitation - Partition suit - Mohammadan Law - Suit for partition simplicitor laid 28 years after plaintiff attained majority is not maintainable in law, as it was not filed within 3 years after she attained majority as such suit was bound to fail - Suit barred by limitation...........
