Showing : 1-10 of 819 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Adverse possession-- Land reserved for public utility - It would be advisable that concerning such properties dedicated to public cause, it is made clear in the statute of limitation, that no rights can accrue by adverse possession...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Article 122-- Restoration of suit dismissed in default - Statutory period for filing restoration application is the date of order and not knowledge of order - Condonation of delay is not permissible in absence of an application - No permission can be granted to an aggrieved party for filing an application for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 295A, Criminal Procedure Code, 1973, Section 468-- Offence u/s 295-A IPC - Limitation - Book published in 1980 whereas FIR registered after a gap of 29 years of publication - FIR shows no explanation for delay in registration of FIR - Prosecution of petitioner barred as per S.468 Cr.P.C. - FIR quashed...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4-- Benefit of probation - Distinction between S.360 Cr.P.C and provisions under 1958 Act - Court is required to seek report from Probation Officer under 1958 Act before allowing an offender benefit of probation apart from satisfying other conditions - Whereas, there is no such limitation while..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Agreement to sell-- Suit for specific performance - Limitation - Date not fixed for performance of contract - Limitation begins to run from the date plaintiff has notice of refusal by defendant - No finding of Court that performance was refused - Suit not barred by limitation. (Limitation Act, 1963, Art.54)...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of ownership - Limitation - There is no limitation for a true owner to seek declaration qua his ownership unless party in possession of suit property is able to establish that title of true owner gets extinguished by lapse of time on account of his having become owner on basis..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 22-- Continuing cause of action - Suit for damages - Defamation - There is no allegation that after publication/telecasting of news item in 2014, defendants have continued in publishing/telecasting the news item against plaintiff - There is thus, no continuing tort on the part of defendants after first..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 75-- Rejection of plaint - Limitation - Suit for damages - Defamation - Art.75 of Limitation Act, provides one year limitation from the date of publication of libel - Last date of publication/telecasting of news item was 2014 and one year thereafter had elapsed on 2015 - Suit filed in 2017 thus, barred..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Special Marriage Act, 1954, Section 24, 4-- Annulment of marriage - Limitation - No period of limitation is prescribed so far as presentation of petition for declaration to declare a marriage being nullity/void marriage u/s 24 of the Act - Once marriage is void, same is a nullity and at any time same can be declared as nullity being a void..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 456(2)-- Restoration of possession - Period of limitation - No period of limitation has been provided for higher Courts to make order for restoration of possession u/s 456(2) Cr.P.C...........

Showing : 1-10 of 819 Results