Showing : 1-10 of 95 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Adverse possession-- Perfection of title by adverse possession - Once the right, title or interest is acquired it can be used as a sword by plaintiff as well as a shield by the defendant within ken of Article 65 of Limitation Act and any person who has perfected title by way of adverse possession can file a suit for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39, Limitation Act, 1963, Article 113-- Suit for mandatory injunction - Limitation - Three years when right to sue accrues - It is residuary article 113 of Limitation Act which applies in absence of any other article applicable to such a suit...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1963, Article 54-- Limitation - Suit for specific performance - Date fixed for performance of contract - Plaintiffs were given right to get sale deed executed through Court in case failure on part of defendants to execute sale deed on fixed date - They filed suit 12 years after date fixed for performance - Silence..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 18-- Acknowledgment - Requirements of S.18 of Limitation Act are : (a) Acknowledgment has to be before expiration of prescribed period of limitation for filing a suit or application (b) Acknowledgment of liability has to be in writing signed by party against whom such property or right is claimed...........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Article 58-- Limitation - Suit for cancellation of gift deed - Suit filed after lapse of more than 21 years - Cancellation of gift deed or any other declaration has to be made within three years when right to sue first accrues as per Art.58 of the Act - Suit is barred by limitation...........
DELHI HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 14-- Condonation of delay - Suit for specific performance - Earlier suit for possession was permitted to be withdrawn by Supreme Court and simultaneously permission granted to file suit for specific performance - Jurisdiction of Court was never in doubt or under challenge - It was conscious option of..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 58-- Limitation - Suit for declaration - Starting point of limitation for filing suit for declaration u/art 58 of the Act is when right to sue "first accrues" - Cause of action for purposes of Art.58 of the Act, accrues only when right asserted in suit is infringed or at least when there is clear and..........
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..........
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..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 34, Rule 5-- Mortgage suit for recovery - Final decree - Limitation for final decree is three years, as Art.137 of Limitation Act applies to an application for final decree - Right to apply for final decree accrued to plaintiff Bank on expiry of six months from preliminary decree i.e in 2001 - Application for..........

Showing : 1-10 of 95 Results