Showing : 1-10 of 122 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 22, Rule 10A-- Death of a party - Onus is cast upon pleader of party which has died during pendency of lis, to inform about said fact to Court, provided pleader has knowledge of said fact - However, limitation will start running from date when said fact is brought into notice of opposite party by counsel..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Article 58-- Limitation - Suit for declaration that Will in question is null and void - Will in question is unregistered document, therefore there is no question of canceling or setting aside said instrument - Art.59 of Limitation Act thus, not applicable - Similarly, unregistered Will cannot be said to be an..........
CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, Limitation Act, 1963, Section 5, Article 123-- Ex-parte decree - Setting aside of - Limitation - As per Explanation provided to Art.123 of Limitation Act, period of limitation would commence from date of knowledge of decree when defendant is served U.O.5.R.20 CPC - In the instant case, application for setting aside ex-pate decree was made by..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 17-- Applicability of S.17 of Limitation Act to Arbitral award - A party can challenge an award as soon as it receives award u/s 34 of Arbitration Act - Once award is received a party has knowledge of award and limitation period commences - Objecting party therefore, precluded from invoking S.17(1)(b),..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Article 59, Transfer of Property Act, 1882, Section 54-- Suit for cancellation of registered sale deed - Limitation for cancellation of registered sale deed is 3 years from the date it was executed - Sale deed was executed in 1990 - Plaintiff having stepped into shoes of Executant had knowledge of same - More so, executant had herself filed a suit..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Barred by law - Suit for cancellation of sale deed and permanent injunction - Plaintiffs got knowledge of sale deed at least in the year 2007 and suit was filed in 2011 - Suit filed after three years from date of plaintiffs got knowledge of sale deed is thus, barred by..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Article 59-- Limitation - Suit for cancellation of sale deed - Starting point of limitation for instituting suit for cancellation of transfer deed would commence from date of knowledge of registration of document and not from date of execution of same...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of limitation - Suit for declaration and permanent injunction - Plaintiffs asserted that suit was filed immediately after getting knowledge about fraudulent sale deed executed by defendants by keeping them in dark about such execution and within 2 days from refusal by..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5, Article 123-- Ex-parte decree - Setting aside - Condonation of delay - Limitation would reckon from date when ex-parte decree is passed by Court and not from date of knowledge of ex-parte decree - If the delay is explained to the extent that applicant was unaware of happenings in suit, Court should consider the..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by limitation - Suit for specific performance - Time was not the essence of contract as per agreement to sell - Commencement of period of limitation computed from the date of refusal of defendants to execute sale deed and refusal whereof is to be gauged from the factum..........

Showing : 1-10 of 122 Results