Showing : 91-100 of 640 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Limitation Act, 1963, Article 112-- Recovery of dues by Central or State Govt. - Limitation period of 30 years - Not available to Agencies or Instrumentalities of Central or State Govt...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Limitation Act, 1963, Article 91(a)-- Provision of Art.91(a) of Act demands two things: (i) Knowledge on the part of plaintiff; (ii) that the said fact was in his peculiar knowledge...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Limitation Act, 1963, Article 91(a)-- Term `first learns' places a burden of knowledge which is rather specific in nature - Knowledge of a specific person against whom suit can be instituted is crucial - Mere suspicion or a whisper of knowledge is not enough for the period of limitation to start running...........
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..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(2), Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 20(3)-- Appeal - Condonation of delay - Period of limitation for filing appeal u/s 18 of SARFAESI Act is 30 days as against 45 days u/s 20 of RDB Act - However, there is no express provision of condonation of delay in SARFAESI Act but S.18(2) of SARFAESI Act adopts and incorporates the provisions of RDB..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(2), Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 20(3), Limitation Act, 1963, Section 29(2)-- Appeal - Condonation of delay - S.29(2) of Limitation Act has no absolute application to SARFAESI Act as it impliedly excludes applicability of provisions of Limitation Act to the extent a different scheme is adopted...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(2), Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 20(3), Limitation Act, 1963, Section 29(2)-- Appeal - Condonation of delay - Question as to whether Appellate Tribunal under SARFAESI Act was a Court for the purposes of S.29(2) of Limitation Act, is not required to be decided as S.29(2) Limitation Act is not applicable to SARFAESI Act - Even if S.29(2) of Limitation Act does not apply to..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 123, 52-- Gift deed - Execution during pendency of partition suit - Gift deed executed during pendency of proceedings and before expiry of period of limitation for filing SLP, is not valid as it is hit by S.52 of T.P.Act - Moreover, suit property is joint family property and even otherwise same cannot be..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Condonation of delay - Court can direct payment of a portion of the decretal amount or the cost, while exercising discretion for setting aside ex parte decree or condoning delay...........

Showing : 91-100 of 640 Results