Showing : 11-20 of 211 Results

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..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 59-- Amendment of plaint - Time barred relief - Cancellation or setting aside an instrument - Suit for declaration to be filed within three years of execution of said document or within three years of date of knowledge - Documents mentioned in written statement - Amendment not sought within three years..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Article 136-- Limitation - Execution of decree - Computation of limitation - When there is an appeal from original decree its enforceability would arise or time for execution of such decree has to be computed from date of appellate decree...........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Article 136-- Limitation - Execution of decree - Decree was passed in 1996 - An appeal against such decree filed within limitation but was dismissed in default in 2002 - Execution petition filed in 2012 is competent and cannot be barred by limitation u/art 136 of Limitation, as when there is an appeal from..........
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..........

Showing : 11-20 of 211 Results