Showing : 21-30 of 203 Results

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..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Suits Valuation Act, 1887-- Auction sale - Execution for delivery of possession dismissed in default - Thereafter suit for declaration of title and possession filed - Held, suit is not barred u/s 47 CPC even after dismissal of application for possession in default or on ground of limitation - Auction purchaser can filed suit..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134-- Auction sale - Limitation of one year to file application U.O.21.R.95 CPC for delivery of possession begins to run when sale becomes absolute and not when sale is confirmed - In the instant case High Court in revision granted stay of further proceedings in the execution petition - Revision..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of six and half months in filling appeal - Petitioner was tenant in premises and petitioner was in arrears of rent which were not paid during pendency of rent petition - Suit for recovery against petitioner was decreed and petitioner has preferred appeal against..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Agreement to sell-- Suit for specific performance - Limitation - Sale deed was to be executed within six months of execution of agreement - Suit filed after seven years of execution of agreement - "Date fixed for the performance" in Art.54 Limitation Act means there is a definite date fixed for doing a particular act..........
DELHI HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 54, Limitation Act, 1963, Article 59-- Sale deed - Can be ignored only where it is void ab initio - Where it is pleaded that sale deed is a voidable document because it ought not to have been executed or that there is a fraudulent transfer of title by means of particular sale deed or for any reason which makes the transfer voidable, it..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134-- Execution - Auction sale - Delivery of possession - Limitation - One year period starts to run from the date on which sale becomes absolute, notwithstanding the non issuance of sale certificate or pendency of a claim petition U.O.21.R.58 CPC - Grant or production of sale certificate is not a..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96, 41(2)-- Condonation of delay - Sufficient cause - Defendants not present when decree was passed against them and they came to know about it only when notice of execution was served upon them - No malafide intention - Delay of 1 year, 9 months and 8 days rightly, condoned...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Application for setting aside ex-parte decree - Condonation of delay - Sufficient cause - Defendants came to know about ex-parte decree passed against them, when execution proceedings were initiated - They immediately directed their counsel to proceed further - However, counsel failed to proceed..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 58, Limitation Act, 1963, Article 61-- Redemption of mortgage - Limitation - Commences from the date when right to redeem or recover possession accrues or cause of action to file suit arises and not from the date of execution of mortgage deed...........

Showing : 21-30 of 203 Results