Showing : 1-10 of 67 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Time as essence of contract - Recitals in agreement reveals that parties prepared agreement in the form of a family settlement with clear intention that they would be able to transfer ownership of property in question by way of this agreement - Entire sale consideration was..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Article 136-- Limitation - Execution of decree - Decree was passed in 1996 - An appeal against such decree filed within limitation but was dismissed in default in 2002 - Execution petition filed in 2012 is competent and cannot be barred by limitation u/art 136 of Limitation, as when there is an appeal from..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by limitation - Suit for specific performance - No time specified for sellers to execute sale deed - Period of limitation of 3 years as per Art.54 of Limitation Act, thus, start from the period when plaintiff noticed that performance is refused - Suit filed within said..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Rent and Eviction-- Non-payment of rent - Notice issued by landlord demanding payment of rent falling which tenancy shall be treated as terminated - Does not amounts to waiver of right of eviction of landlord, particularly when in spite of said notice nether payment of balance amount of rent was made nor possession..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - When earlier suit for permanent injunction was filed, there was no construction raised by defendants, so there was no question for relief of possession, as defendants at that time was not in physical possession and construction was not there - Subsequent suit for..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Suit for specific performance - Limitation - Cause of action first time arose in 1975 when defendant refused to execute sale deed - Suit for specific performance to be filed within three years from such cause of action as per Art.54 of the Act - However, neither such suit was filed by plaintiff..........
DELHI HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Article 22-- Bank - Amount debited to the customer's account on the basis of cheques not bearing his signatures - Bank is liable to refund the amounts so debited - Limitation to file suit is three years commencing from the date when demand is made - Suit having been filed within three years of the date when..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Suit for specific performance of agreement to sell - Oral extension of time but no mention of particulars as to when and how long - Suit barred under Article 54 of Limitation Act - Order of trial Court rejecting plaint as barred by law of limitation,..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 142(b)-- Dishonour of cheque - Limitation - Condonation of delay - Delay of 25 days in filing complaint - High Court quashed complaint on ground that complaint is barred by limitation when plea of limitation was taken for the first time before High Court - High Court ought to have remanded the matter back..........

Showing : 1-10 of 67 Results