Showing : 21-30 of 115 Results

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..........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Bar of limitation - Challenge to sale deed of the year 2005 in 2015 - Suit filed in the year 2010 - No averment in application as to what prevented plaintiff to challenge the sale deed earlier - Amendment sought is barred by limitation - Application rightly rejected...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Section 14-- Exclusion of time - Challenge to sale deed to be illegal and void - Time spent in mutation proceedings cannot be set off while computing period of limitation...........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 4-- Pleadings - Suit challenging sale deed - Plaintiff failed to prove the ingredients of O.6.R.4 CPC - It is hard to believe that plaintiffs were not aware of particulars of land agreed to be sold, as they stated to have received the sale consideration - A registered document carries even presumption..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Challenge to sale deed - Proposed amendment to add particulars as to sale deed - Amendment sought clarificatory in nature - Suit filed in the year 2011 and amendment sought and allowed in the year 2015 not barred by limitation - Order allowing amendment, upheld...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Suit for specific performance - Time essence of contract - It is mentioned in the agreement that when plaintiff asks defendant then defendant would receive Rs.1 lac as balance consideration and execute the sale deed - These words clearly indicate the intention of parties were not to limit the..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Suit for specific performance - Limitation - Cause of action first time arose in 1975 when defendant refused to execute sale deed - Suit for specific performance to be filed within three years from such cause of action as per Art.54 of the Act - However, neither such suit was filed by plaintiff..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Stamp Act, 1899, Section 47A(3)-- Sale deed - Showing lesser value of property - Initiation of proceedings u/s 47-A(3) of the Act - Limitation is 3 years from the date of registration of sale deed - Notice issued after expiry of period of 3 years is barred by limitation - Impugned notice quashed...........

Showing : 21-30 of 115 Results