Showing : 41-50 of 323 Results

ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 59-- Limitation - Even if plea of limitation is not raised by defendant, it is duty of Court to examine whether suit is barred by time and if so Court not to proceed with suit and dismiss it on the ground of limitation...........
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..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Limitation - Defendant expressed his unwillingness to register the property in the year 1997 - Limitation to file suit is three years from the date of refusal by defendant - Suit filed in the year 2008 - Suit is barred by limitation. (Specific Relief Act, 1963, S.54)...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit with liberty to file fresh suit - Plaintiff wants to convert the suit for permanent injunction to specific performance on the basis of agreement to sell - Originally suit for permanent injunction filed against President and Secretary individually - Appropriate party would be..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Limitation Act, 1963, Article 61(a)-- Limitation - Suit for redemption of mortgage - Mortgage deed executed in 1969 for five years - Five years expired on 1974 - Period of limitation u/art 61(a) of the Act is 30 years when right to redeem or to recover possession accrues to mortgagor - Plaintiff filed the suit in 1987, thus suit filed..........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Suits Valuation Act, 1887-- Ancestral property - Plaintiff failed to prove that property in question is ancestral property - It was self acquired property of father of plaintiff/defendant no.1 - Defendant no.1 has every right to alienate the suit land without showing any legal necessity - Moreover, suit was filed after..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Limitation Act, 1963, Article 113, 18, 55-- Limitation - Recovery of money claimed under a contract - Date of final payment is crucial for determination of period of limitation dehors the correspondences exchanged between parties after date of final payment - However, where plaintiff after payment of final bill reiterates its claim for..........
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..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 37, 19-- Repayment of loan in instalments - Limitation - It is article 37 and not article 19 which is applicable - This is not a simplicitor loan where limitation runs from the date of loan - Court has to calculate limitation regarding each and every instalment - In the instant case suit filed on 14.5.1998..........

Showing : 41-50 of 323 Results