Showing : 21-30 of 133 Results

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..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Ready and willing - A year's stipulated in the agreement for execution of sale deed - Suit filed after three years of the date fixed for execution of sale deed - Admittedly, no notice was given to defendant for execution of sale deed and only oral requests were made to..........
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..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 64, 65-- Limitation - Plea of adverse possession - Admittedly, appellant is a third purchaser of suit property from deceased and is in possession of property since long through oral sale-deed - Limitation for adverse possession cannot be reckoned from period of oral agreement rather period will be reckoned..........
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...........

Showing : 21-30 of 133 Results