Showing : 21-30 of 79 Results

DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit for recovery - Leave to defend - Defence set up by defendant completely frivolous and moonshine as he does not raise any triable issue - Promissory note relied upon by plaintiff may not meet the requirement of a promissory note as defined in S.4 of Negotiable Instruments Act -..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d), Limitation Act, 1963, Section 22-- Rejection of plaint - Barred by limitation - Suit for damages and injunction - Continuing wrong - Dumping of mining rejects in the suit property - Pleadings are about continuing breach and obtuse attitude in committing the wrong de die in diem - Provision of S.22 of Limitation Act is therefore,..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 14-- Rejection of plaint - Barred by limitation - Recovery suit - If the time spent by appellant in prosecuting writ remedy i.e. between the date of institution of writ and its withdrawal is excluded, then, suit could not have been dismissed on the ground of limitation - Suit, held, not barred -..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Limitation Act, 1963, Article 91(a)-- Misappropriation of bonds - Recovery suit - Applicability of S.91(a) of Act - Bonds are specific movable property, which is capable of being possessed - Art.91(a) of Act would apply to it for the purposes of limitation...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Limitation Act, 1963, Article 91(a)-- Misappropriation of bonds - Recovery suit - Limitation for filing the suit for compensation is three years from the date on which the person having right to possession of property learns in whose possession it is - Instantly, suit filed within three years from the date of knowledge with regard to..........
CHHATTISGARH HIGH COURT
Year of decision: 2014
Details
Limitation Act, 1963, Section 18-- Acknowledgment of time-barred debt - Recovery suit - Limitation - Suit can be filed on the basis of written promise to pay time-barred debt as it is valid contract and enforceable in law - Written promise to pay time-barred debt by itself furnished fresh cause of action - Suit not barred by..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Limitation Act, 1963, Article 65-- Limitation - Adverse possession - Once a suit for recovery of possession is filed against defendant in adverse possession, his adverse possession does not continue thereafter as the moment such suit is filed, running of time for acquiring title by adverse possession gets arrested...........
DELHI HIGH COURT
Year of decision: 2014
Details
Limitation Act, 1963, Article 58-- Suit for declaration, injunction, recovery of arrears of rent - Limitation - Accrual of cause of action - Plea of execution of certain document in favour of defendant taken up by him in an earlier eviction petition - Those documents were found to be forged and fabricated documents - Limitation to..........
GUJARAT HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 59-- Suit for redemption of mortgage and suit for possession - In some respects both the suits are similar - However, there are vital differences also - In a suit for redemption, on proof of valid mortgage, redemption could be granted, whereas in title suit, plaintiff is required to establish his title..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Suit for recovery of money - Suit decreed - Delay in filing appeal - Delay condoned with direction to deposit half of the decretal amount and permitted plaintiff to withdraw half of the amount so deposited - Order upheld...........

Showing : 21-30 of 79 Results