Showing : 11-20 of 79 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 134, Civil Procedure Code, 1908, Section 47, 12, Order 21, Rule 95-- Limitation - Auction sale - Delivery of possession of property not asked within the statutory period of one year - Remedy of regular suit for declaration of title and recovery of possession is available subject to limitation...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Limitation Act, 1963, Article 113, 18, 55-- Limitation - Recovery of money claimed under a contract - Date of final payment is crucial for determination of period of limitation dehors the correspondences exchanged between parties after date of final payment - However, where plaintiff after payment of final bill reiterates its claim for..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 37, Limitation Act, 1963, Section 5-- Recovery suit - Restoration of suit - Dismissed in default - Condonation of delay - There is no gross negligence or lack of bona fides on the part of plaintiff - Plaintiff's claim for recovery of Rs.3,94,754 against defendant warrants adjudication - Order dismissing suit set aside...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 34, Rule 5-- Mortgage suit for recovery - Final decree - Limitation for final decree is three years, as Art.137 of Limitation Act applies to an application for final decree - Right to apply for final decree accrued to plaintiff Bank on expiry of six months from preliminary decree i.e in 2001 - Application for..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Article 64, Specific Relief Act, 1963, Section 6-- Limitation - Suit for recovery of possession on the basis of prior possession - Suit is governed by Art.64 Limitation Act and not S.6 of Specific Relief Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of six and half months in filling appeal - Petitioner was tenant in premises and petitioner was in arrears of rent which were not paid during pendency of rent petition - Suit for recovery against petitioner was decreed and petitioner has preferred appeal against..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Limitation Act, 1963, Article 55-- Limitation - Hire purchase agreement - Breach in payment of instalments - Suit for recovery - Limitation starts to run when default in payment of instalments was committed as terms of agreement clearly indicate that on committing breach of terms and conditions of the agreement rights shall accrue..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Limitation Act, 1963, Article 55-- Limitation - Hire purchase agreement - Breach in payment of instalments - Suit for recovery - Limitation starts to run when default in payment of instalments was committed as terms of agreement clearly indicate that on committing breach of terms and conditions of the agreement rights shall accrue..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Section 14-- Delay in filing recovery suit - Exclusion of time spent in prosecuting in wrong forum - Delay caused due to lack of legal advice from counsel - Petitioner bonafidely and in good faith ventilating her grievance before Consumer forum - Such period before consumer forum is thus excluded from the..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Article 65, Evidence Act, 1872, Section 102-- Adverse possession - Suit for declaration of title and recovery of possession - Burden of proof - Once plaintiff establish her title over suit property, burden will be shifted to defendant to prove adverse possession against plaintiff beyond the statutory period of limitation...........

Showing : 11-20 of 79 Results