Showing : 71-80 of 211 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Limitation - No date fixed in the agreement for its performance - Time was not made essence of contract - Plaintiff paid entire sale consideration to defendant - Plaintiff filed suit after 11 years of agreement when she first came to know about fact of alienation of suit..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Limitation - An issue of limitation is not always mixed question of law and fact - Where a suit from the statement in plaint can be said to be barred by time, plaint can be rejected U.O.7.R.11 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Hindu Succession Act, 1956, Section 22-- Preferential right to acquire property - Limitation - Suit was admittedly filed more than a year and objection was taken that Art.97 of Limitation Act applied and suit was barred by law - Plaintiff pleaded that preferential right in property to approach Court is only through an application and..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit barred by limitation - Rejection of plaint without framing an issue and allowing parties to lead evidence - To adjudicate issue whether suit is within time or not, evidence is required to be adduced by both the parties - An issue with regard to limitation alognwith other..........
CHHATTISGARH HIGH COURT
Year of decision: 2014
Details
Limitation Act, 1963, Section 18-- Acknowledgment of time-barred debt - Recovery suit - Limitation - Suit can be filed on the basis of written promise to pay time-barred debt as it is valid contract and enforceable in law - Written promise to pay time-barred debt by itself furnished fresh cause of action - Suit not barred by..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Pleadings - Amendment - Important factors for deciding the application for amendment of pleadings are : (i) whether the amendment sought is imperative for proper and effective adjudication of the case; (ii) whether the application for amendment is bona fide or mala fide; (iii) the amendment should..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Limitation Act, 1963, Article 65-- Suit for possession - Limitation for filing suit for possession is 12 years when possession of a defendant becomes adverse to the plaintiff - Suit for possession cannot be dismissed as barred by limitation if not filed within 12 years from the date of dispossession...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Limitation Act, 1963, Article 58-- Challenge to sale deed - Sale deed executed on 03.02.1992 and mutation was sanctioned on 30.03.2002 - Suit property as well as other properties to suit had already been partitioned - Plaintiff filed suit challenging sale deed in the year 2008 - Suit barred by limitation - Contention of plaintiff..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Limitation - Suit for specific performance of an oral agreement to sell - Plaint does not disclose any clear cause of action - Clever drafting methodology used to create semblance of cause of action - Plaint alleged to be barred by limitation being filed after lapse of period..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Powers of court - Suit whether barred by limitation or not, is a mixed question of fact and law - Court cannot exceeded its jurisdiction by entering into merits of case nor can travel beyond statement in plaint - Held, rejection of plaint on ground that suit is barred by..........

Showing : 71-80 of 211 Results