Showing : 51-60 of 879 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - Suit filed against a dead person - There is no legal impediment in impleading the legal representatives of the deceased defendant, subject of course to the law of limitation, to be decided during course of trial...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4-- Suit filed against a dead person - Application U.O.22.R.4 CPC dismissed as not maintainable as said provision is applicable only when death occurs during pendency of suit - Held, there is no bar in filing application U.O.1.R.10 CPC when application U.O.22.R.4 CPC was dismissed as not maintainable..........
DELHI HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Limitation - Three years - Limitation commences from the date fixed for the performance and in case no such date is fixed then, in that case, when plaintiff has notice that performance is refused. (Limitation Act, 1963, Art.54)...........
DELHI HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Limitation - Three years - Commencement - Legal notice by plaintiff on 24.08.2007 that defendant refused performance of agreement - No averment that time for performance of agreement is extended by the parties either orally or in writing beyond 24.08.2007 - Suit filed on..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Section 27-- Extinguishment of right to pro perty - Suit to challenge alienation filed by minor long after 3 years of attaining majority - Right to such property has already been extinguished on completion of 3 years from date of attaining majority of plaintiff - No right therefore, survives on date of filing..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay cannot be condoned as a matter of course and reasonable and sufficient cause has to be shown as to why delay occurred - In the instant case, there is absolutely no explanation with regard to delay, which is nearly of 1000 days - Moreover, record itself shows tampering..........
DELHI HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Limitation - Three years - Limitation starts to run from date fixed for performance of agreement - Where no such date is fixed, then period of 3 years will start to run from date when plaintiff has notice that performance is refused. (Limitation Act, 1963, Art.54)...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 113, Specific Relief Act, 1963, Section 26-- Limitation - Suit for rectification of name of father of plaintiff in sale deed - Rectification of instrument is governed by S.26 of Specific Relief Act in which no limitation has been provided - Moreover, for rectification of errors which are inadvertently or are result of mutual mistake of..........
KERALA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Section 18-- Acknowledgment - Balance sheet and profit and loss account constitute acknowledgment of liability as on date of signature it bears for purpose of S.18 of the Act - However, it contains no admission of amount due on date of signature and does not preclude parties from proving discharge subsequent..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - When no particular date or time for performance of agreement to sell is recorded therein, learned trial court would be justified in asking parties to lead their evidence on issue of limitation at appropriate stage of suit, instead of rejecting plaint at its threshold on..........

Showing : 51-60 of 879 Results