Showing : 11-20 of 116 Results

GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by limitation - Suit for specific performance - No time specified for sellers to execute sale deed - Period of limitation of 3 years as per Art.54 of Limitation Act, thus, start from the period when plaintiff noticed that performance is refused - Suit filed within said..........
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 6, Rule 17-- Amendment of plaint - Suit for cancellation of sale deed - Amendment sought to incorporate relief of declaration of ownership/title - Trial has not yet commenced and suit is coming for adduction of evidence - Merely on the ground of delay or limitation amendment of plaint cannot be rejected -..........
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..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Stamp Act, 1899, Section 47(3)-- Proceedings u/s 47(3) of the Act - Initiated more than 7 years after the sale deed in question - Proceedings barred by limitation being initiated beyond period of 4 years as prescribed u/s 47(3) of the 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..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 59-- Limitation - Suit for cancellation of sale deed executed on the basis of compromise decree - Suit is barred by limitation, as suit is filed after 3 years from accrual of cause of action...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Limitation - No specific date fixed for performance of agreement, as agreement was to be executed after receipt of permission from Competent Authority - It is Art.54 Clause 2 of Limitation Act which is applicable and period of three years commences from the date plaintiff..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 59-- Limitation - Suit for cancellation of sale deed - Plaintiff failed to prove as to how she applied the certified copy of sale deed, without prior knowledge that such a sale deed already exists - Even in consolidation proceedings an order was passed that on the basis of sale deed, name of defendants..........
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..........

Showing : 11-20 of 116 Results