Showing : 141-150 of 323 Results

BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 37-- Suit for recovery by partnership firm - Limitation - Goods sold and delivered vide invoice dated 26.1.2008 - Suit filed on 8.9.2010 - Held, suit is filed within time and is not barred by law of limitation...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Limitation Act, 1963, Article 113-- Summary suit - Limitation - Suit filed on the basis of written contract between parties - Defendant obtained loan of Rs.50 lacs from plaintiff and said arrangement was valid till 30.9.2007 - Cause of action arises only after 30.9.2007 - TDS certificate issued by defendants on 31.3.2008 - Held,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 10, Limitation Act, 1963, Article 54, Registration Act, 1908, Section 23, 25-- Lease agreement - Specific performance - Perusal of Ex.P2 reveals that it was not agreement but lease deed - Entire lease money was allegedly paid by the lessee to the lessor and possession of leased property was allegedly delivered by the lessor to the lessee - Lease deed was not registered..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Limitation Act, 1963, Article 65-- Suit for possession - Suit filed in the year 1996 - Plea of adverse possession - Limitation to file suit for possession based on title is 12 years - Time from which the said period begins to run is when the possession of defendant became adverse to the plaintiff - Proof of mere possession from..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Limitation Act, 1963, Article 19-- Recovery of money - Suit for - Limitation - Suit relates to recovery of money payable for money lent - Loan was given on 20.01.2002 - Suit filed on 13.05.2005 - Held, period of limitation is three years commencing from the date when loan is made - Suit barred by limitation...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Agreement to sell-- Suit for specific performance - Statutory Forms Nos.47 & 48 of Appendix A of CPC require the date of agreement to be mentioned to reflect that it does not appear to be barred by limitation - In addition to the same, in a suit for specific performance, there should be an agreement by the defendant..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 17-- Relief of specific performance added by way of amendment of plaint - Suit for specific performance is deemed to be filed on the day amendment is allowed and not on the date of filing of original plaint - Suit barred by limitation - Plaint rejected - Lower appellate Court remanded the matter that..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for specific performance - By way of amendment plaintiff furnished more details about the mode of payment of consideration - There is no inconsistency and amendment sought for is not barred by limitation - Amendment allowed - No interference...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Pleadings - Amendments - Factors to be taken into consideration : (1) whether the amendment sought is imperative for proper and effective adjudication of the case; (2) whether the application for amendment is bona fide or mala fide; (3) the amendment should not cause such prejudice to the other..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Limitation Act, 1963, Article 136-- Decree - Execution - By a separate suit decree challenged to be result of fraud - Suit remained pending for 21 years - At no point of time, there was any order of any Court directing stay of operation of judgment and decree - Held, In the absence of any interdiction from any Court, the decree..........

Showing : 141-150 of 323 Results