Showing : 1441-1450 of 2639 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 34-- Mutation of inheritance sanctioned in the name of heir in the year 1891 - Suit for declaration challenging right to inherit estate of natural father on account of adoption of said heir filed after 100 years - Contention that cause of action arose when mutation sanctioned therefore, suit barred by..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Land Acquisition Act, 1894, Section 4(1), 6(1)-- Proviso (ii) Explanation (1) - Limitation for making declaration u/s 6(1) of Act - Exclusion of period of stay - Notification u/s 4(1) of Act issued on 20-12-1996 - Civil Suit questioning validity of the notification - Interim stay granted on 30-08-1997 - Extended from time to time, till a..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Land Acquisition Act, 1894, Section 6-- Limitation for making declaration - Proviso to sec. 6(1) - Mandatory in nature - Any declaration made after the expiry of one year from date of publication of notification u/s 4(1) would be void and of no effect - Provisions of Sec. 6 beneficial for landowners - Should be construed having regard..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Adverse possession-- 'Animus Possidendi' - It is one of the ingredients of adverse possession - Unless the person possessing the land has a requisite animus the period for prescription does not commence. (Limitation Act, 1963, Arts.64 & 65)...........
KERALA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5, Article 120, 121-- Abatement - Setting aside - If an application for setting aside the abatement is made within 150 days of the date of death, there is no need to file an application under section 5 of the Limitation Act to condone the delay as no delay as such occurs in view of Arts.120 & 121 of the Limitation Act...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Limitation Act, 1963, Article 64, 65-- Adverse possession - Burden of proof - High Court in regular second appeal formulated substantial question of law that burden of proof lies on the plaintiff to prove his title. Held - Substantial question erroneously framed by High Court. Burden of proving perfection of title by way of adverse..........
KERALA HIGH COURT
Year of decision: 2007
Details
Limitation Act, 1963, Section 5-- Delay - Condonation - Different yardsticks to be applied while considering application to condone delay in filing an appeal and delay in filing application to set aside abatement...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Limitation Act, 1963, Article 64, 65-- Adverse possession - Burden of proof - Requirement - Suit for declaration claiming title over suit property - Defendant set adverse possession under the Act, plaintiff to prove his title then the burden shifts on the defendant to establish that he has perfected his title by way of adverse..........
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)...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Adverse possession-- Limitation - Starting point - Starting point of limitation does not commence from the date when the right of ownership arises to the plaintiff but commences from the date the defendants' possession becomes adverse. (Limitation Act, 1963, Arts.64 & 65)...........

Showing : 1441-1450 of 2639 Results