Showing : 11-20 of 337 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Hindu Minority and Guardianship Act, 1956, Section 8(3), Limitation Act, 1963, Article 60-- Minors property - Sale in contravention of S.8(3) of Act of 1956 - Alienation made on behalf of minor can be avoided by minor or any person claiming under him by filing a suit - Suit to be filed within three years of attaining majority of minor or within three years of death if minor dies before..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 24-- Remand - Powers of appellate Court - Evidence of both the parties available on record - Only a legal issue pertaining to question whether suit is barred by limitation, remains undecided - Appellate Court directed to decide the issue of limitation itself being First Appellate Court, as evidence is..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by limitation - Suit for specific performance - From a reading of averments in plaint, it cannot be said that suit is barred by limitation - Issue as to when plaintiff had noticed refusal is an issue which can be adjudicated after trial - Application dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Limitation Act, 1963, Article 58, 59-- Limitation - Suit for declaration that mortgage deed and sale deed are null and void - Cause of action of suit arose in 1970 when plaintiff got knowledge of sale deed - Suit must have been filed within 3 years of date of knowledge or date of sale deed - Suit filed in 1978 is barred by limitation...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction on the basis of agreement to sell - Limitation - Agreement to sell executed in the year 1987 and sale deed in favour of defendants executed in the year 1994 - Suit filed in the year 2004 - Nothing on record that steps were taken by plaintiff to get..........
GAUHATI HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Article 113-- Limitation - Plaintiff claiming to be owner in possession of suit property - Suit of plaintiff thus, covered u/art 113 of the Act - Suit filed beyond period of 3 years from date on which cause of action allegedly arose, barred by limitation...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Article 59, Transfer of Property Act, 1882, Section 54-- Suit for cancellation of registered sale deed - Limitation for cancellation of registered sale deed is 3 years from the date it was executed - Sale deed was executed in 1990 - Plaintiff having stepped into shoes of Executant had knowledge of same - More so, executant had herself filed a suit..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Article 65-- Limitation - Partition suit - Plaintiff married prior to amendment of S.6 of Hindu Succession Act, thus, she may not be a co-parcenar - However, properties being self acquired properties of testator, till his death, right and title in properties were vested in him - De hors the Will, none of..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Barred by law - Suit for cancellation of sale deed and permanent injunction - Plaintiffs got knowledge of sale deed at least in the year 2007 and suit was filed in 2011 - Suit filed after three years from date of plaintiffs got knowledge of sale deed is thus, barred by..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Earlier suit for permanent injunction filed - Suit withdrawn and subsequent suit for specific performance filed - Second suit for specific performance is not barred U.O.2.R.2 CPC as (i) Cause of action to claim a relief of permanent injunction and the cause of action to..........

Showing : 11-20 of 337 Results