Showing : 21-30 of 936 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 14-- Exclusion of time - Plaintiffs were at liberty to file suit in respect of property situated in jurisdiction of three different High Courts - They choose jurisdiction of one Court for filing suit - It cannot be said that plaintiffs were pursuing fresh cause in a Court having no jurisdiction to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment sought to incorporate prayer in the suit for declaring Will null and void - However, said relief barred by law of limitation - Suit can be instituted after expiry of prescribed period of limitation with exemption from limitation law U.O.7.R.6 CPC - There is no such..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 295A, Criminal Procedure Code, 1973, Section 468-- Offence u/s 295-A IPC - Limitation - Book published in 1980 whereas FIR registered after a gap of 29 years of publication - FIR shows no explanation for delay in registration of FIR - Prosecution of petitioner barred as per S.468 Cr.P.C. - FIR quashed...........
CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Article 59-- Suit for cancellation of Will - Suit filed within three years of execution of Will - Plaint returned for presentation to proper Court - No amendment was sought by plaintiffs after return of plaint, therefore suit filed is not barred by limitation...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(6), 15(2), 34-- Application for appointment of arbitrator - Non-adjudication with regard to limitation and/or validity of the counter claim made and/or decision by Council operating as res-judicata - As per the mandate of the arbitral Tribunal appointed by the parties stood terminated with their withdrawal from..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17- - Application for amendment cannot be permitted if cause set out in amendment would have been barred by law of limitation - Trial Court committed error by allowing amendment application, which reflects no, application of mind - Impugned order set aside - Application rejected...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4-- Benefit of probation - Distinction between S.360 Cr.P.C and provisions under 1958 Act - Court is required to seek report from Probation Officer under 1958 Act before allowing an offender benefit of probation apart from satisfying other conditions - Whereas, there is no such limitation while..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 11, 5(i)-- Annulment of marriage - Void marriage - Limitation - There is no period of limitation for seeking a decree of nullity as regards a void marriage...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Agreement to sell-- Suit for specific performance - Limitation - Date not fixed for performance of contract - Limitation begins to run from the date plaintiff has notice of refusal by defendant - No finding of Court that performance was refused - Suit not barred by limitation. (Limitation Act, 1963, Art.54)...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of ownership - Limitation - There is no limitation for a true owner to seek declaration qua his ownership unless party in possession of suit property is able to establish that title of true owner gets extinguished by lapse of time on account of his having become owner on basis..........

Showing : 21-30 of 936 Results