Showing : 1-10 of 127 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Article 122-- Restoration of suit dismissed in default - Statutory period for filing restoration application is the date of order and not knowledge of order - Condonation of delay is not permissible in absence of an application - No permission can be granted to an aggrieved party for filing an application for..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 14-- Exclusion of time - Plaintiffs were at liberty to file suit in respect of property situated in jurisdiction of three different High Courts - They choose jurisdiction of one Court for filing suit - It cannot be said that plaintiffs were pursuing fresh cause in a Court having no jurisdiction to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1908, Article 140, 141-- Limitation - Alienation made by Hindu Widow - Suit for recovery of possession by reversioners (heirs) - Period of limitation for filing suit for recovery of possession would commence upon death of widow...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 75-- Rejection of plaint - Limitation - Suit for damages - Defamation - Art.75 of Limitation Act, provides one year limitation from the date of publication of libel - Last date of publication/telecasting of news item was 2014 and one year thereafter had elapsed on 2015 - Suit filed in 2017 thus, barred..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Hindu Minority and Guardianship Act, 1956, Section 8(3), Limitation Act, 1963, Article 60-- Minors property - Sale in contravention of S.8(3) of Act of 1956 - Alienation made on behalf of minor can be avoided by minor or any person claiming under him by filing a suit - Suit to be filed within three years of attaining majority of minor or within three years of death if minor dies before..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 18-- Acknowledgment - Requirements of S.18 of Limitation Act are : (a) Acknowledgment has to be before expiration of prescribed period of limitation for filing a suit or application (b) Acknowledgment of liability has to be in writing signed by party against whom such property or right is claimed...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Limitation Act, 1963, Section 3-- Limitation - In order to decide the question of limitation as to whether suit is filed within time or not, Court is mainly required to see the plaint allegations and how plaintiff has pleaded the accrual of cause of action for filing the suit...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay in filing appeal - Partition suit - Earlier application u/s 5 of the Act filed along with appeal against preliminary decree containing identical assertions rejected by this Court - Rejection of earlier application thus, operates as res judicata - Moreover, there is no..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Article 72-- Suit for recovery by way of damages - Limitation - Limitation for filing suit for damages is one year from the date of cause of action...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4-- Suit filed against a dead person - Application U.O.22.R.4 CPC dismissed as not maintainable as said provision is applicable only when death occurs during pendency of suit - Held, there is no bar in filing application U.O.1.R.10 CPC when application U.O.22.R.4 CPC was dismissed as not maintainable..........

Showing : 1-10 of 127 Results