Negotiable Instruments Act, 1881, Section 118, Limitation Act, 1963, Article 113 -- Recovery suit based on pronote - One of the defendants stood surety and executed continuing guarantee - No evidence that the loan account or the cash credit account against which a continuing guarantee was given, became dead - Held, limitation will run when the defendant refused to pay the..........
Civil Procedure Code, 1908, Section 100, Order 4 -- Suit for recovery of money - Delay in filing - Limitation - Document produced by plaintiff/respondent claiming recovery of amount of pronote and not an agreement - For suit for recovery on basis of pronote, period of limitation is 3 years whereas present suit has been filed, after a lapse of about 20 years which is..........
Limitation Act, 1963, Article 61(a), 61(b) -- Suit for redemption and/or recovery of possession against assignee mortgagee - Limitation - Suit is governed by Art.61 Cl.(a) and not clause (b)...........
Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 65 -- Suit for recovery of possession - Barred by limitation - Suit filed after 36 years of entering into agreement - Agreement of construction entered between appellants and contractor to raise construction in which possession was given to contractor on his own cost - Upon failure to make payment of..........
Specific Relief Act, 1963, Section 6, Limitation Act, 1963, Article 64, Punjab Tenancy Act, 1887, Section 50, 77 -- Wrongful dispossession - Recovery of Possession - Jurisdiction of Civil Courts - Tenant in possession of agricultural land - Forcibly dispossessed by a third person in collusion with landlord - Civil suit claiming possession from third person - Sec. 50 of..........
General Clauses Act, 1897, Section 3(8), Limitation Act, 1963, Article 112 -- Telephone - Bill - Non payment - Limitation - BSNL is a company incorporated under the Companies Act - BSNL is a separate and distinct entity from the Central Government - Article 112 Limitation Act is not applicable - Limitation to file suit for recovery of arrears of bill is three years and not..........
Limitation Act, 1963, Article 112 -- BSNL - Not falls within the expression 'Central Government' as defined u/s 3(8) of General Clauses Act - Article 112 provides limitation in respect of suit filed by Central Government - Suit for recovery by BSNL not governed by Article 112 - General Clauses Act, 1897, Section 3(8)...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Plaint - Suit for mandatory injunction - Application u/o 6 R. 17 for converting suit into a suit for recovery - Declined by Trial Court on grounds that proposed amendment would change nature of suit & suit for recovery barred by limitation - Held - (i) Change of nature of suit per se no ground to reject..........
Civil Procedure Code, 1908, Order 21, Limitation Act, 1963, Section 5 -- Applicability of Sec. 5 of Limitation Act to execution proceedings - Suit for recovery decreed - Execution - Property of judgment debtor attached and auctioned - No objections filed by judgment debtor - Sale confirmed and sale certificate issued - Application for delivery of possession - Objection by..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - By way of amendment in written statement - If suit for recovery of money could not be filed on the date of seeking amendment then the same relief by way of counter claim is barred by limitation...........
