Showing : 331-340 of 669 Results

SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123-- Exparte decree - Setting aside - Limitation - Summons not duly served - Limitation of 30 days starts to run from the date of knowledge of the decree...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Limitation Act, 1963, Section 3-- Court has no jurisdiction to entertain a suit or application if the same is filed after expiry of the period of limitation...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Adverse possession-- Proof - Two elements of adverse possession are : (1) the possession of the defendant should become adverse to the plaintiff; and (2) the defendant must continue to remain in possession for a period of 12 years thereafter - Animus possidendi is a requisite ingredient of adverse possession - Not..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Preventive detention - Accused in judicial custody in an offence under NDPS Act - Detaining Authority passing order of detention on ground that accused was likely to be released on bail - Order set aside as Detaining Authority did not consider the limitation on ground of bail...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Limitation Act, 1963, Article 67-- Provision of Art.67 Limitation Act does not apply in a case where a tenant remains a statutory tenant...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Limitation Act, 1963, Section 3-- Limitation - Plea of - Not raised - It is for the court to determine the question as to whether the suit is barred by limitation or not irrespective of the fact as to whether such a plea has been raised by the parties - Such a jurisdictional fact need not be pleaded...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Arbitration Act, 1940, Section 20, Limitation Act, 1963, Article 137-- Arbitration - Limitation - Right to apply for arbitration proceedings runs from the date when the dispute arises...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Limitation Act, 1963, Article 63, 65-- Adverse possession - Onus to prove - Once a party proves its title, the onus of prove would be on the other party to prove claims of title by way of Adverse possession...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Limitation Act, 1963, Article 64, 65-- Intention to possess cannot be substituted for intention to dispossess which is essential to prove adverse possession...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Limitation Act, 1963, Article 64, 65-- Adverse possession - Adverse possession is a right which comes into play not just because someone loses his right to reclaim the property out of continuous and willful neglect but also on account of possessor's positive intent to dispossess - It is important to take into account before stripping..........

Showing : 331-340 of 669 Results