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Results of limitation act

Showing : 11-20 of 142 Results

BOMBAY HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Condonation of delay in filing complaint - For getting relief of condonation of delay, applicant is expected to show that there was `sufficient cause' for not filing the proceedings within the period of limitation...........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468, 472 -- Complaint u/s 12 of PWDV Act - Limitation - Wife subjected to domestic violence soon after her marriage and continued even till the year 2014 - Complaint filed in the year 2014, itself cannot be said to be barred by S.468 Cr.P.C, as it is a case of..........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Agreement to sell -- Specific performance - Limitation - Suit to be filed within three years from date fixed for performance and if no such date is fixed, when plaintiff noticed that performance is refused. (Limitation Act, 1963, Art.54)...........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Relief of compensation sought as alternative relief by way of amendment of plaint - Alternative relief of compensation can be claimed at any stage of proceedings as per S.21(5) of Specific Relief Act - Law of limitation does not..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 152 -- Correction - Limitation - S.152 CPC permits correction at any point of time - Art.137 of Limitation Act has no application...........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration - Starting point of limitation for filing suit for declaration u/art 58 of the Act is when right to sue "first accrues" - Cause of action for purposes of Art.58 of the Act, accrues only when right asserted in suit is infringed or at least when there is clear and unequivocal threat to that right...........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for declaration - Cause of action for fling suit arose when plaintiff came to know about purported purchase of suit property by defendant - Plaintiff was aware of Certificate of Purchase from year 1985 and he filed suit in year 2004 - Thus, suit is barred by limitation u/art..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of sale deed executed on the basis of compromise decree - Suit is barred by limitation, as suit is filed after 3 years from accrual of cause of action...........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Agreement to sell -- Specific performance - Limitation - No specific date fixed for performance of agreement, as agreement was to be executed after receipt of permission from Competent Authority - It is Art.54 Clause 2 of Limitation Act which is applicable and period of three years commences from the date plaintiff has notice that performance is refused - Cause of action..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for possession on the basis of title - Possession of defendants become adverse on the execution of sale deed in 1987 - Aspect of knowledge being obtained by plaintiffs of such transaction would not come into play - Period of limitation would commence from 1987 - Suit filed in..........

Showing : 11-20 of 142 Results