Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had never executed sale deed in first place as it was proved that it was not her thumb impression that was affixed therein - She had not received sale consideration - In such circumstances and in absence of sale consideration being tendered, sale..........
Indian Penal Code, 1860, Section 307, 506, Arms Act, 1959, Section 25, 27, 54, 59, Criminal Procedure Code, 1973, Section 439 -- Offence u/Ss. 307, 506 IPC and 25, 27, 54, 59 Arms Act - Bail - Accused in his bail application admitted the fact that he shot the victim out of anger after she refused to go with him to the matrimonial home - Further as per the record, accused..........
Limitation Act, 1963, Article 58, 59 -- Limitation - Prayer for two reliefs - Composite suit for cancellation of sale deed and recovery of possession - Limitation period should be considered with respect to substantive relief of cancellation of Sale Deed which would be three years from the date of knowledge of Sale Deed sought to be cancelled...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration and permanent injunction - Plaintiff deliberately did not pray for cancellation of sale deed since the limitation for filing a suit for cancellation of sale deed is 3 years, whereas, suit has been instituted after about 9 years from the date of execution of sale deed - Suit filed by plaintiff is nothing..........
Evidence Act, 1872, Section 59 -- Facts - Proof - Facts which are required to be proved by way of evidence cannot be presumed by Court, that too, without any supporting evidence...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of sale deed - Limitation of three years starts from the date of knowledge of plaintiff about sale deed - Plaintiffs have come to know of sale deed in 2006 - Suit filed as late as in the year 2010 was hit by Art.59 of the Act and is barred by law of limitation - Suit rightly dismissed...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of sale deed - Ownership of suit property was already with defendant nos. 3 & 4 who claims to be bonafide purchasers at the time of filing of suit - Limitation to file suit expired - Defendant nos. 3 & 4 being bona fide purchasers cannot be put to loss or made to suffer because of lapses in functioning..........
Limitation Act, 1963, Article 59, Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Limitation - Suit for cancellation of sale deed and for possession - When a composite suit is filed for cancellation of sale deed as well as recovery of possession, limitation period is required to be considered with respect to substantive relief of..........
Limitation Act, 1963, Article 59, Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Composite suit for cancellation of sale deed and possession - Substantive relief is cancellation of sale deed and consequent relief is of possession...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25, 54, 59 -- Interim bail - Murder - Accused applied for interim bail for a period of 10 days to attend sister's marriage - He being only brother has to perform certain rituals and make all the arrangements of his sister's wedding - Interim bail granted to..........
