Showing : 51-60 of 323 Results

DELHI HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration challenging two Wills - Bar of limitation - Wills in question were executed by father of plaintiff in favour of his two sons to the exclusion of plaintiff - Mutation was effected in 2004 on the basis of Wills of 1996 - Said mutation not challenged by plaintiff within period of..........
KERALA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 59-- Limitation - Suit for cancellation of gift deed - Limitation is three years which begins to run when fact entitling plaintiff to have the instrument or decree cancelled or set aside or contract rescinded first became known to him - In the instant case factum of entitlement to cancel the gift deed..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Recovery suit - Limitation - Defendant made a part payment towards amount due in 2002 - Thereafter no amount was paid by defendants - Suit filed in the year 2005 - Suit is within period of 3 years and not barred by limitation...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 34, Rule 5-- Mortgage suit for recovery - Final decree - Limitation for final decree is three years, as Art.137 of Limitation Act applies to an application for final decree - Right to apply for final decree accrued to plaintiff Bank on expiry of six months from preliminary decree i.e in 2001 - Application for..........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Bar of limitation - Challenge to sale deed of the year 2005 in 2015 - Suit filed in the year 2010 - No averment in application as to what prevented plaintiff to challenge the sale deed earlier - Amendment sought is barred by limitation - Application rightly rejected...........
KERALA HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Article 34-- Limitation - Promissory note - Promise to pay loan within two years - Limitation to file suit starts on the last day of promise to repay the loan amount - Suit filed within three years thereof, is not barred by limitation...........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration of title and permanent injunction - Relief of specific performance sought by way of amendment of plaint - Relief barred by limitation - Moreover, application for amendment was blissfully silent as to why it was not filed before commencement of trial -..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Agreement to sell-- Suit for specific performance - Limitation - Sale deed was to be executed within six months of execution of agreement - Suit filed after seven years of execution of agreement - "Date fixed for the performance" in Art.54 Limitation Act means there is a definite date fixed for doing a particular act..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Barred by limitation - Suit for cancellation of gift deed - Contentious issue between parties regarding plaintiff's entitlement for exclusion of period during which earlier suit remained pending, which is a mixed question of law and fact - To be decided by Court on the basis..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Challenge to sale deed - Proposed amendment to add particulars as to sale deed - Amendment sought clarificatory in nature - Suit filed in the year 2011 and amendment sought and allowed in the year 2015 not barred by limitation - Order allowing amendment, upheld...........

Showing : 51-60 of 323 Results