Showing : 2771-2780 of 3002 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1987
Details
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 12(2), Article 122-- Application for restoration of suit dismissed in default - Exclusion of period spent in obtaining certified copy of order under Section 12 Limitation Act - Not permissible - Application for restoration not covered under Section 12(2) Limitation Act - Article 122 Limitation Act provides a period of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1987
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Dismissal of suit (for declaration and injunction) for default of appearance as well as under Section 35B - Application for restoration filed beyond 30 days (time spent in obtaining certified copy of order cannot be claimed under Section 12(2) Limitation Act) - Should have been allowed on payment..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1987
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 11, Limitation Act, 1963, Article 120-- Death of sole surviving appellant when right to sue survives during pendency of appeal - Appeal heard and decided before expiry of 90 days from date of death of appellant - No question of abatement- Abatement of appeal was to take place on expiry of the period of 90 days from date of death of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1987
Details
Limitation Act, 1963, Article 58-- Starting point of limitation for a suit for declaration - From the date when the cause of action first accrues- Successive denials of plaintiff's right so as to furnish successive causes of action as under Old Limitation Act of 1908 no more valid in view of express provisions of Article 58...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1987
Details
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 7-- Period for which damages can be recovered from unauthorised occupant - 30 years prior to initiation of proceedings under Section 7 - Governed by Limitation Act, Article 112...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1987
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 11, Limitation Act, 1963, Article 120-- Bringing on record legal representatives of one of the appellants who died during pendency of appeal - Application made after more than 19 months - Heirs of deceased appellant shifted to a village other than where remaining appellants reside - Heirs could not get knowledge of pendency of appeal-..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1987
Details
Limitation Act, 1963, Article 65-- Limitation to file suit on the basis of title - Starts from the date when possession of defendant becomes adverse - Issue whether suit within limitation - Burden of proof wrong ly put on plaintiff - Plaintiff not required to show as to when possession became adverse - Defendant to prove when..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1986
Details
Punjab Pre-emption Act, 1913, Section 15, Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint in pre-emption case - Pre-emption originally sought on the ground of relationship (grandson of vendor) - Amendment after expiry of period of limitation claiming superior right of pre-emption being co-sharer - A valuable right accrued to vendee-defendant by lapse of period of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1986
Details
Civil Procedure Code, 1908, Order 23, Rule 1, Limitation Act, 1963, Section 14(3)-- Withdrawal of earlier suit with permission to file a fresh suit on same cause of action by itself not sufficient to claim benefit of subsection (3) of Section 14 - Time spent in prosecuting earlier suit can be excluded under Section 14(3) if : (i) permission to withdraw suit granted on the ground..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1986
Details
Limitation Act, 1963, Section 12-- Application for copies made on the same day judgment is pronounced - That day can be excluded twice, once as the day on which judgment pronounced and second time as one of the days requisite for obtaining copies - Nothing fundamentally unjust or unreasonable in excluding the same day twice -..........

Showing : 2771-2780 of 3002 Results