Showing : 2191-2200 of 2639 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 32, Rule 3, 3-- A-Minor if wants to have decree set aside on the ground that his interest not protected in the property - Must file suit asserting his rights on attaining majority or within 3 years thereafter under Section 7 Limitation Act - Interest of minor identical with that of other defendants and suit..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Land Acquisition Act, 1894, Section 11A- - Exclusion of period for which stay remained in vogue in computing period of limitation - Immaterial whether or not a particular individual had obtained stay qua acquisition of his land or not - Not correct that the period which needs to be excluded is the one for which the petitioner obtained..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1998
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Limitation - Notice given on 26.3.1998 - Cause of action arose on 11.4.1998 - Complaint filed on 8.5.1998 - Not barred by limitation...........
KERALA HIGH COURT
Year of decision: 1998
Details
Specific Relief Act, 1963, Section 6-- Tenant when dispossessed by stranger or by a Landlord - Options available - Three options are available (i) He can either sue by invoking S.6 of the Specific Relief Act in which case title to the property is totally irrelevant (ii) He can sue for recovery of possession on the strength of his..........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Limitation Act, 1963, Section 5-- Once Court accepts explanation for delay as sufficient - Superior Court should not normally disturb such finding much less in revisional jurisdiction unless exercise of discretion on wholly untenable grounds or arbitrary or perverse - Civil Procedure Code, Sections 115, 96 and 100...........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Limitation Act, 1963, Section 5-- No presumption that delay in approaching Court is always deliberate - Words "sufficient cause" - Should receive liberal construction so as to advance substantial justice...........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Limitation Act, 1963, Section 5-- Explanation if does not smack of mala fides or not put forth as part of dilatory strategy - Court must show utmost consideration to suitor - In every case of delay - Can be some lapse on part of litigant - That alone not enough to turn down plea for condonation of delay ...........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Limitation Act, 1963, Section 5-- Court when condones delay due to laches on part of applicant - Salutary guideline - Compensate opposite party for his loss...........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Limitation Act, 1963, Section 5-- Lower Court if refuses to condone delay - Superior Court free to consider cause shown for delay afresh - Open to Superior Court to come to its own finding even untrammelled by conclusion of Lower Court - Civil Procedure Code, Sections 96, 100 and 115...........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Limitation Act, 1963, Section 5-- Delay - Condonation - Application to set aside ex parte decree - Delay of 883 days - Delay caused due to failure of advocate to inform appellant as well as his failure to take action - Found to be satisfactory by trial Court - High Court in revision setting aside the same - Not proper - Court..........

Showing : 2191-2200 of 2639 Results