Showing : 11-20 of 198 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 20-- Suit for declaration and specific performance - Limitation - Agreement to sell executed in the year 1992 - Cause of action arose to plaintiff in the year 2000 upon execution of sale deed inter se between defendant no.1 and defendant no.2 - Suit of plaintiff filed within 3 years from the year 2000..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 64, 90-- Execution - Auction sale - Sale conducted ignoring the mandatory provision of O.21.R.64 CPC - Sale is without jurisdiction - For that leave about the bar of limitation to file application after 2 months U.O.21.R.90 CPC, as it is not applicable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 136-- Execution - Limitation - Composite decree of declaration as well as mandatory injunction - Limitation applies as prescribed under Article 136 of Limitation Act...........
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..........
KERALA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Section 14-- Exclusion of time - Expression "prosecuting with due diligence and in good faith" - Not confined only to time in which execution proceedings was initiated or time in which execution petition was filed/Civil proceedings were initiated - In order to get benefit of S.14 of the Act, party who claims..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Execution of preliminary decree for partition - Limitation - Execution sought after 30 years of passing of preliminary decree - Till partition is carried out and final decree is passed, there is no question of any limitation running against right to claim partition as per preliminary decree - Even..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Stamp Act, 1899, Section 47A, 33(5)-- Second proviso (As in U.P.) - Sale deed - Proceedings for deficiency of stamp - Limitation to initiate the proceedings is 4 years as per Ss.47-A, 33(5) of the Act - However, maximum period is 8 years during which State Government can give permission for initiation of proceeding in the matter - In..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Ready and willing - A year's stipulated in the agreement for execution of sale deed - Suit filed after three years of the date fixed for execution of sale deed - Admittedly, no notice was given to defendant for execution of sale deed and only oral requests were made to..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of limitation - Suit for possession on the basis of title - Possession of defendants become adverse on the execution of sale deed in 1987 - Aspect of knowledge being obtained by plaintiffs of such transaction would not come into play - Period of limitation would commence..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Suit decreed as : (i) Necessary requirements of S.16(c) of Specific Relief Act read with requirement of Forms 47, 48 of Appendix `A' CPC and S.54 of Limitation Act are pleaded by plaintiff; (ii) execution of agreement with plaintiff not disputed by defendant; (iii) plaintiff..........

Showing : 11-20 of 198 Results