Showing : 101-110 of 368 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment sought to convert a suit for mandatory injunction into relief of specific performance - Plaintiff invoked jurisdiction of civil Court by filing suit for mandatory injunction when breach was already there and was not prevented to seek specific performance - However,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim for possession - Filed after 6 years of filing of suit - Maintainability - Limitation to seek possession of property is 12 years as prescribed under Limitation Act - Counter claim for possession therefore, can be filed after 6 years of filing of suit - Counter claim not barred by..........
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..........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of limitation - Plaint can be rejected only when statement in plaint, without any doubt or dispute, discloses that suit is barred by limitation - Court is not empowered to consider the case of defendant at the stage of invoking the power U.O.7.R.11(d) CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Limitation Act, 1963, Article 109-- Limitation - Suit for cancellation of sale deed - Sale deed executed by father being a co-parcener in favour of defendants without legal necessity - Parties are co-parceners governed by Mitakshara law - Suit is covered u/art 109 of the Act - Suit filed after one and half years of acquiring..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Contract Act, 1872, Section 73, Limitation Act, 1963, Article 55-- Damages - Breach of contract - Limitation - Suit based on successive breaches committed by appellant State - Suit was required to be filed within three years of happening of each breach as per Art.55 of Limitation Act, which would constitute a distinct cause of action - Period of limitation did..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Limitation Act, 1963, Section 3-- Limitation - It is incumbent upon Court to satisfy itself that suit is not barred by limitation, regardless of whether such a plea has been raised by the parties...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 38, 39-- Permanent prohibitory injunction - Restraining defendants permanently from constructing road over suit land or changing its nature - Plaintiffs have not come to Court with clean hands - It was for plaintiffs to plead that road was constructed in 2000 and plaintiffs were out of possession at the..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar by limitation - Suit for declaration and permanent injunction - Cause of action for instituting suit first arose in the years 1993-94 - Period of three years reckoned therefrom would expired in the year 1996-97 - Moreover, suit is an ingenuous attempt on part of plaintiff..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of limitation - Suit for declaration that sale deed in question is null and void - Plaintiffs admitting that suit is barred by limitation having been filed after 26 years after the transaction - Moreover, there is clear and unequivocal fact that suit is also barred as..........

Showing : 101-110 of 368 Results