Showing : 51-60 of 208 Results

BOMBAY HIGH COURT
Year of decision: 2008
Details
Agreement to sell-- Specific performance - Limitation - Sale deed was to be executed within one month of permission from the authority - Amendment introduced whereby no permission of authority was required for executing sale deed - Limitation of three years to file suit starts to run from date of introduction of..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Evidence Act, 1872, Section 3-- Limitation Act, 1963 - Provisions of Limitation Act apply to a Court - When authorities under a Act are empowered to examine witnesses after administering oath to them they are Court within the meaning of the Act, hence Evidence Act is applicable...........
KARNATAKA HIGH COURT
Year of decision: 2007
Details
Adverse possession-- Plea set up in defence - It is for party setting up plea of adverse possession to state and prove date from which his possession became adverse to person having title - In absence of details plea cannot be entertained. (Limitation Act, 1963, Art.65)...........
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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Limitation Act, 1963, Article 16, 20, Contract Act, 1872, Section 55-- Aggrement to sell - Suit for specific performance - Decreed - Appeal - Grant of decree for specifric performance objective on the ground of gross delay in filling of suit - Limitation of 3 years from the date fixed for execution of sale deed - suit filed within one year of last date of execution..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Adverse possession-- Plea of - Failure to prove uninterrupted adverse possession against the true owner - Defendant held, not entitled to claim ownership of property by adverse possession. (Limitation Act, 1963, Arts.64, 65)..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Adverse possession-- Plaintiff claiming ownership on the basis of adverse possession - Planitiff to show against whom the possession is adverse - Required to plead and prove who is true owner of the property whose title is being denied by him - Mere long possession does not necessarly mean that it is adverse and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 9-- Plaintiff expired on 30.12.1988 - Application for impleading legal heirs filed on 5.5.1989 - Application dismissed being time barred by 36 days - Suit dismissed as abated - Application for impleading legal heirs is to be filed within 3 months - Application for setting aside abatement can be filed..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Adverse possession-- Co-owners - In a suit filed by defendants for partition in the year 1968 and a similar suit in the year 1978 plaintiff asserted hostile title claiming ownership in himself - Claim of hostile title by plaintiff was thus known to the defendants - Pendency of a suit does not stop running of..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Adverse possession-- Once plaintiff proves his title, the burden of proof shifts to defendant to prove that he has perfected his title by adverse possession. (Limitation Act, 1963, Arts.64 & 65)...........

Showing : 51-60 of 208 Results