Showing : 81-90 of 728 Results

DELHI HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 19, 22-- Limitation - Recovery suit for money - No evidence on record that money deposited by plaintiff in accounts of defendants was payable on demand - Neither any evidence that any written agreement executed between parties - Thus, plaintiff is not allowed to claim that his suit is covered u/art 22 of..........
SIKKIM HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11-- Rejection of plaint - Suit for declaration and recovery of possession - Claim of plaintiffs are that suit properties illegally transferred in the names of defendants - However, documents relied upon by plaintiffs does not support their claim - Thus, there are pertinent questions that require to be..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 59-- Limitation - Suit for cancellation of sale deed - Plaintiff failed to prove as to how she applied the certified copy of sale deed, without prior knowledge that such a sale deed already exists - Even in consolidation proceedings an order was passed that on the basis of sale deed, name of defendants..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit with liberty to file fresh suit - Plaintiff wants to convert the suit for permanent injunction to specific performance on the basis of agreement to sell - Originally suit for permanent injunction filed against President and Secretary individually - Appropriate party would be..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Limitation Act, 1963, Article 61(a)-- Limitation - Suit for redemption of mortgage - Mortgage deed executed in 1969 for five years - Five years expired on 1974 - Period of limitation u/art 61(a) of the Act is 30 years when right to redeem or to recover possession accrues to mortgagor - Plaintiff filed the suit in 1987, thus suit filed..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Ready and willing - A year's stipulated in the agreement for execution of sale deed - Suit filed after three years of the date fixed for execution of sale deed - Admittedly, no notice was given to defendant for execution of sale deed and only oral requests were made to..........
KERALA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 134, Civil Procedure Code, 1908, Section 47, 12, Order 21, Rule 95-- Limitation - Auction sale - Delivery of possession of property not asked within the statutory period of one year - Remedy of regular suit for declaration of title and recovery of possession is available subject to limitation...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Limitation Act, 1963, Article 113, 18, 55-- Limitation - Recovery of money claimed under a contract - Date of final payment is crucial for determination of period of limitation dehors the correspondences exchanged between parties after date of final payment - However, where plaintiff after payment of final bill reiterates its claim for..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of limitation - Suit for possession on the basis of title - Possession of defendants become adverse on the execution of sale deed in 1987 - Aspect of knowledge being obtained by plaintiffs of such transaction would not come into play - Period of limitation would commence..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Suit for specific performance - Limitation - Cause of action to file the suit arose on expiry of period mentioned in the agreement i.e 31.12.1989 for its performance as provided in Art.54 of the Act - Suit filed immediately within 10 days on 10.1.1990 - Suit is filed within time. (Limitation Act,..........

Showing : 81-90 of 728 Results