Showing : 31-40 of 203 Results

ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Suit for specific performance - Limitation - Suit instituted within three years from the execution of agreement to sell - Cause of action arose after one year of lapse of period agreed between parties - Suit was thus, not time barred even from the date of agreement in question...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Article 136-- Execution - Limitation - In revision petition, order of status quo was passed whereby decree holder was debarred from filing execution petition - Period from the date status quo order was passed and when revision petition was dismissed in to be excluded - Held, execution petition is filed within..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Section 5, 14-- Condonation of delay - Delay of more than five months in filing appeal - Suit for specific performance - Period spent bonafidely in execution proceedings after decreeing the suit is liable to be excluded by relying upon provision of S.14 of the Act - However, period prior to initiation of abortive..........
GAUHATI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 106(3)-- Execution petition - Dismissed in default - Restoration - Limitation - 30 days - Starting point of limitation is date of said order and not from date of acquiring knowledge about dismissal of execution petition...........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 21, Limitation Act, 1963, Section 5-- S.5 of Limitation Act is not applicable to execution proceedings...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction for setting aside judgment and decree declaring defendant as owner of suit property - Limitation - Once there is an admission in cross examination with regard to execution of sale deed in the year 1981 in favour of defendants, yet there is no challenge..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Limitation Act, 1963, Article 54-- Limitation - Suit for specific performance - Time of four months from the date of agreement was fixed for execution of sale deed - Limitation starts to run after expiry of four months and four months need to be counted from the date of agreement...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Suit barred by limitation - Long delay of 15 years in presenting the suit - In such circumstances, it matters little that execution of agreement and readiness and willingness on the part of plaintiff to perform his part of contract is proved...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Constitution of India, 1950, Article 226-- Power of High Court - Writ of mandamus - Grant of police aid - High Court has wide powers u/art 226 of Constitution to enforce its own orders or orders of civil Court - Power to issue prerogative writs, orders or directions is not circumscribed by any limitation of its orders being required to be..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 123, 52-- Gift deed - Execution during pendency of partition suit - Gift deed executed during pendency of proceedings and before expiry of period of limitation for filing SLP, is not valid as it is hit by S.52 of T.P.Act - Moreover, suit property is joint family property and even otherwise same cannot be..........

Showing : 31-40 of 203 Results