Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership - Limitation - There is no limitation for a true owner to seek declaration qua his ownership unless party in possession of suit property is able to establish that title of true owner gets extinguished by lapse of time on account of his having become owner on basis of adverse possession...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Lawyer did not take timely steps which resulted in causing delay - It cannot be regarded as a sufficient cause within meaning of S.5 of Limitation Act...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for perpetual injunction - Amendment sought to incorporate relief of declaration of title and recovery of possession, since a cloud about title of plaintiff raised by defendant in written statement - Application for temporary injunction was rejected, and finding was given that plaintiff was not in..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Limitation - Where something additional is necessary to ascertain, limitation period definitely in O.7.R.11 CPC shall not be attracted - But where on basis of pleadings in plaint but without reference of any material including plea taken in written statement, limitation period can be ascertained in..........
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,..........
Agreement to sell -- Specific performance - Limitation - Date fixed in the agreement - Does not stand extended when defendant was pursuing application seeking permission of Land and Development Office (L&DO) - It is settled law that vendee cannot claim that cause of action for filing suit has not arisen on the date fixed in the contract on the ground that certain..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Date fixed for performance of contract - Plaintiffs were given right to get sale deed executed through Court in case failure on part of defendants to execute sale deed on fixed date - They filed suit 12 years after date fixed for performance - Silence maintained by plaintiffs for about 12..........
Special Marriage Act, 1954, Section 24, 4 -- Annulment of marriage - Limitation - No period of limitation is prescribed so far as presentation of petition for declaration to declare a marriage being nullity/void marriage u/s 24 of the Act - Once marriage is void, same is a nullity and at any time same can be declared as nullity being a void marriage...........
Limitation Act, 1963, Section 3, Article 65, Specific Relief Act, 1963, Section 39 -- Limitation - Suit for mandatory injunction - Encroachment - Plaintiff failed to plead about the date on which defendants encroached suit track - Plea of adverse possession taken by defendant - However, they failed to prove the same - Defendant admitted that encroachment made is temporary..........
