Limitation Act, 1963, Article 1 -- Suit on accounts - If money is given by way of loan and the suit is for realisation of the same, it is not a suit on accounts - It will be suit on accounts if the moneys have been paid to and accepted by the defendants as deposits to be held in trust for plaintiff...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration challenging order of declaring land as surplus without considering claim of plaintiff -Plaintiff's wife having 1/3rd share in the property of her husband - Collector passed orders without giving notice - Suit held to be beyond limitation - Right claimed on the basis of inheritance cannot be defeated except in..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- 'Barred by law' - Whether includes barred by law of limitation - Suit cannot be dismissed U.O.7.R.11(d) on the ground that it is barred by law of limitation without proper pleading, framing of an issue of limitation and taking of evidence...........
Civil Procedure Code, 1908, Order 21, Rule 10 -- Second execution application - Suit for possession decreed - Execution filed - Dismissed in default - Second execution application filed without restoration of the earlier application - Second application filed within limitation prescribed under Article 136 of Limitation Act - Second application maintainable - Limitation Act..........
Contract Act, 1872, Section 55, Limitation Act, 1963, Article 54, Specific Relief Act, 1963, Section 20, 21 -- In a suit for specific performance of contract in respect of any immovable property, time would ordinarily not be the essence of the contract...........
Agreement to sell -- Suit for specific performance - Limitation - Begins to run from the date on which the contract was to be specifically performed - Performance of a contract when depends upon certain statutory formality then sale deed cannot be registered till the said requirement is complied with - In a given situation, the vendor may not be permitted to take advantage..........
Limitation Act, 1963, Article 54 -- Suit for specific performance - Limitation - Suit for specific performance of a contract is required to be filed within three years - In the event no date is fixed for the performance, within a period of three years from the date when the plaintiff has notice that performance is refused...........
Limitation Act, 1963, Article 54 -- Suit for specific performance - Limitation - Suit is governed by Art. 54 of Limitation Act - As regards applicability of first or second part of the provision Court has to see whether any time was fixed for performance of the agreement of sale and if it was so fixed, whether the suit was filed beyond the prescribed period unless any case..........
Specific Relief Act, 1963, Section 9 -- Agreement to sell - Suit for specific performance - Limitation - Scope of - Whether suit bared by limitation or not would not only depend upon nature of agreement but also the conduct of the parties and how they understood the terms and conditions of agreement - It is to be seen whether any time is fixed for performance of agreement..........
Specific Relief Act, 1963, Section 15, Contract Act, 1872, Section 63, Limitation Act, 1963, Article 54 -- Agreement to sell - Sale deed to be executed after clearance of title of vendor - Dispute as to titled resolved - Vendor failed to get sale deed executed within stipulated period despite repeated asking of vendee - Assurance by vendor to honour agreement -..........
