Showing : 1-10 of 25 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 22-- Continuing cause of action - Suit for damages - Defamation - There is no allegation that after publication/telecasting of news item in 2014, defendants have continued in publishing/telecasting the news item against plaintiff - There is thus, no continuing tort on the part of defendants after first..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 17, 18, 19, 20, 21, 22-- Relief u/ss 17 to 22 of the Act - Limitation - No limitation is prescribed to institute a claim seeking relief u/s 17 to 22 of the Act - Complaint filed by wife after 10 years having left/turned out of her matrimonial home - Not barred by limitation...........
SIKKIM HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 378(5), Limitation Act, 1963, Section 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24-- Appeal against acquittal - Leave to appeal - Applicability of Limitation Act - Provision of S.378(5) Cr.P.C is a special provision which has no express provision excluding application of S.5 or S.14 of Limitation Act - In view of S.29(2) of Limitation Act, provisions of Ss.4 to 24 of Limitation..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22, 23, Criminal Procedure Code, 1973, Section 468-- Proceedings u/ss 12, 18 to 23 of PWDV Act - Limitation - None of provisions u/ss 12, 18 to 23 of PWDV Act, speak any relief to be granted for any offence much less by way of punishment or by saying as a deemed offence - Question of application of limitation under Chapter XXXVI Cr.P.C. does not..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Section 22-- Continuing breach of contract - Non-performance of an obligation of opponent based on contract between parties cannot be said to be a continuing breach so that a fresh period of limitation can be said to begin to run at every moment of time during which breach continues - Liability to perform..........
DELHI HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Section 22, Article 113-- Limitation - Suit for rendition of account and repayment of excess money - When interest/commission is allegedly charged illegally on each discounted cheque/draft the same is not a case of continuous cause of action falling u/s 22 of the Act - Each entry towards alleged illegal interest is a cause..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Section 22, Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Continuing nuisance - Delay in filing suit - Plaintiff after making all other efforts to amicably resolve the issue have filed the suit in question after 10 years - Assuming that there is some delay it cannot come in the way of plaintiff as on account of said delay no right is created in favour of..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d), Limitation Act, 1963, Section 22-- Rejection of plaint - Barred by limitation - Suit for damages and injunction - Continuing wrong - Dumping of mining rejects in the suit property - Pleadings are about continuing breach and obtuse attitude in committing the wrong de die in diem - Provision of S.22 of Limitation Act is therefore,..........
DELHI HIGH COURT
Year of decision: 2015
Details
Limitation Act, 1963, Section 22-- Continuing wrong - In case of continuous tort, fresh period of limitation begins to run at very moment of time when such tortuous act is committed by other side - Complainant gets a fresh cause of action to come to Court by appropriate proceedings...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Hindu Succession Act, 1956, Section 22-- Preferential right to acquire property - Limitation - Suit was admittedly filed more than a year and objection was taken that Art.97 of Limitation Act applied and suit was barred by law - Plaintiff pleaded that preferential right in property to approach Court is only through an application and..........

Showing : 1-10 of 25 Results