Showing : 101-110 of 337 Results

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 setting aside sale deed - If a deed was executed by plaintiff when he was minor and it was void, he had two options to file a suit to get the property purportedly conveyed thereunder, either to file the suit within 12 years of deed or within 3..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Cause of action - Suit for setting aside sale deed - Cause of action is absolutely vague and presumably to cover up the delay and to avoid the suit being thrown out on the ground of limitation - Since from the admitted averments in the plaint suit was barred by limitation,..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Limitation Act, 1963, Article 91(a)-- Misappropriation of bonds - Recovery suit - Limitation for filing the suit for compensation is three years from the date on which the person having right to possession of property learns in whose possession it is - Instantly, suit filed within three years from the date of knowledge with regard to..........
DELHI HIGH COURT
Year of decision: 2015
Details
Limitation Act, 1963, Article 58, 59-- Limitation - Suit for declaration and cancellation of documents as null and void - Once the documents in question are known to plaintiff admittedly in 2004, suit has to be filed by the year 2007 but the present suit has been filed in the year 2010 which is clearly barred by limitation being filed..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 54-- Rejection of plaint - Bar of limitation - Suit for specific performance - Cause of action accrued to plaintiffs in 2007 - Period of limitation as per Art.54 of Limitation Act for filing suit for specific performance of contract expired in 2010 - Suit filed in 2011 after expiry of more than one..........
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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Suit barred by limitation - Fifteen years of inactivity of plaintiff and unexplained delay of eight years after sanctioning of mutation of inheritance in the name of defendant, in presenting the suit - Nothing on record to assure the Court that plaintiff was diligent in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar by limitation - Plea of limitation is a mixed question of law and fact which has to be adjudicated along with other pleas - Parties being at issue of disputed question of facts, interest of justice requires parties to lead evidence and seek adjudication on pleas of fact..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought to incorporate additional prayer regarding cancellation of alleged sale deed - Additional prayer is dependent upon main prayer of declaration of title - Amendment rightly allowed though filed belatedly - However,..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Limitation Act, 1963, Section 3-- Limitation - If a suit is barred by limitation, it is an obligation upon Court to dismiss such a suit irrespective of fact whether an objection is taken by other side or not...........

Showing : 101-110 of 337 Results