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..........
Limitation Act, 1963, Article 59 -- Suit for cancellation of Will - Suit filed within three years of execution of Will - Plaint returned for presentation to proper Court - No amendment was sought by plaintiffs after return of plaint, therefore suit filed is not barred by limitation...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of sale deed - Starting point of limitation for instituting suit for cancellation of transfer deed would commence from date of knowledge of registration of document and not from date of execution of same...........
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 59 -- Amendment of plaint - Time barred relief - Cancellation or setting aside an instrument - Suit for declaration to be filed within three years of execution of said document or within three years of date of knowledge - Documents mentioned in written statement - Amendment not sought within three..........
Transfer of Property Act, 1882, Section 54, Limitation Act, 1963, Article 59 -- Sale deed - Can be ignored only where it is void ab initio - Where it is pleaded that sale deed is a voidable document because it ought not to have been executed or that there is a fraudulent transfer of title by means of particular sale deed or for any reason which makes the transfer voidable,..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration that sale deed in question is null and void - Sale deed in question was sought to be cancelled after more than 18 years of its execution and registration - Suit held barred in view of Art.59 of Act as cancellation of sale deed is to be sought within three years from the date of its execution...........
Constitution of India, 1950, Article 21, Indian Penal Code, 1860, Section 53, 302, Prisons Act, 1894, Section 59, Criminal Procedure Code, 1973, Section 354(5) -- Death-row prisoners - Held, final meeting with family and friends to be allowed before execution - Performance of post mortem after execution made obligatory...........
Limitation Act, 1963, Article 59 -- Cancellation of gift deed - Suit not filed within three years of execution of gift deed nor within three years from date of knowledge - Suit rightly dismissed...........
Evidence Act, 1872, Section 59, 61, 62, 3, Transfer of Property Act, 1882, Section 54 -- Sale deed - Recital of payment of price - Payment disputed - Held, when price for the sale is disputed and is in issue, mere admission of execution of a sale deed which contains a narration of a past or future event of payment of price for the sale will not prove that there was payment..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Limitation Act, 1963, Article 59 -- Sale deed - Cancellation - Limitation - Prayer for declaration that sale deed is null and void - Unless deed of sale is cancelled the transfer cannot be held to be null and void - Suit for cancellation of sale deed is governed by Art.59 of Limitation Act -..........
