Limitation Act, 1963, Article 55 -- Limitation - Continuing breach of contract - Suit for damages - Breach continues during period fixed in contract - On expiry of period of contract breach ceases - Breach was a continuing one, but during currency of contract - Breach cannot be said to continue thereafter since, period fixed by parties have expired - Suit could be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for damages - Malicious prosecution - Cause of action accrues after decision of civil suit - Present suit filed within a period of one year from decision of earlier suit is not barred by time - Application rightly dismissed...........
Consumer Protection Act, 1986, Section 24A, Limitation Act, 1963, Section 22 -- Consumer complaint - Limitation - Continuing wrong - Agreement to sell flats - Respondent/builder failed to provide occupancy certificate since 2014 till date - Owing to failure of builder to obtain certificate, there has been a direct impact on members of society in terms of payment of higher..........
Suit for recovery -- Suit for recovery of possession, damages and permanent injunction - Limitation - Suit filed in 2013 - Defendant/tenant contended that suit was barred by limitation as he was inducted tenant in 2009 and suit filed in 2013 - Contention rejected, as cause of action arouse only when notice dated 16.2.2013 was served on defendant qua which reply dated..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Eviction suit - Amendment sought to incorporate relief of mesne profits and damages - Trial Court allowed amendment and returned plaint to plaintiff for filing of same before appropriate Court having pecuniary/territorial jurisdiction to try and dispose of the suit - To refuse amendment to include prayer..........
Limitation Act, 1963, Article 76 -- Malicious prosecution - Suit for damages - Limitation - Period of limitation is prescribed as one year when plaintiff is acquitted or the prosecution is otherwise terminated...........
Limitation Act, 1963, Section 12(4), Article 76, Civil Procedure Code, 1908, Order 7, Rule 1 -- Malicious prosecution - Suit for damages - Limitation prescribed is one year - Exclusion of time in legal proceedings - Order of acquittal passed on 23.04.2014 and suit for compensation instituted on 23.06.2015 - Nothing on record in regard to the time consumed in obtaining..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration, permanent injunction, damages and incidental relief - Right to sue in favour of plaintiff arose in 9 July 2018 when defendant first time denied plaintiff's title to Trade Mark and claimed its ownership - Said cause of action again arose in favour of plaintiff on 18 July 2018 when defendant relying upon..........
Limitation Act, 1963, Section 22 -- Continuing cause of action - Suit for damages - Defamation - There is no allegation that after publication/telecasting of news item in 2014, defendants have continued in publishing/telecasting the news item against plaintiff - There is thus, no continuing tort on the part of defendants after first publication - S.22 of the Act thus, not..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 75 -- Rejection of plaint - Limitation - Suit for damages - Defamation - Art.75 of Limitation Act, provides one year limitation from the date of publication of libel - Last date of publication/telecasting of news item was 2014 and one year thereafter had elapsed on 2015 - Suit filed in 2017 thus,..........
