Showing : 1-10 of 81 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 5, 14, Haryana Panchayati Raj Act, 1994, Section 176-- Election petition - Bar of limitation - Election petition under S.176 Haryana Panchayati Raj Act has to be filed within 30 days of the date of declaration of results - In the instant case election petition filed was allowed to be withdrawn and liberty granted to file a fresh petition - Fresh..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 11, 22, Civil Procedure Code, 1908, Order 23, Rule 2, Limitation Act, 1963, Article 135, 136-- Second execution petition - Execution allowed to be withdrawn and proceedings allowed to be kept intact for filing fresh execution petition - O.23.R.2 CPC and Article 135/136 Limitation Act not applicable to fresh execution petition...........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 406-- Criminal breach of trust - Misappropriate of Stridhan property - Continuing offence - So long as stridhan property remains in the hands of accused persons, offence of criminal breach of trust continues to take place and fresh period of limitation shall begin to run...........
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..........
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..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Partition suit-- Once there is preliminary decree and even earlier any final decree application filed and withdrawn - No bar to file fresh final decree application, as there is no limitation till passing of final decree, suit is deemed pending - Separate suit is not maintainable to work out preliminary decree -..........
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: 2016
Details
Civil Procedure Code, 1908, Order 23, Rule 2, Limitation Act, 1963, Section 14(1), (3)-- Limitation - Fresh suit - Provisions of both CPC and Limitation Act provides qua any fresh suit instituted on permission granted U.O.23.R.2 CPC, plaintiff shall be bound by law of limitation in the same manner as if, first suit had not been instituted...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Limitation Act, 1963, Section 18-- Extension of period of limitation - Period of limitation is not extended for any fresh claim, or any amount not accepted by the other party...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of Limitation - Once plaint is rejected on the ground of limitation, provision contained in O.7.R.13 CPC would not come to rescue of such a plaintiff for presentation of fresh plaint, as such period of limitation which expires earlier remains to be same even on subsequent..........

Showing : 1-10 of 81 Results