Limitation Act, 1963, Article 64, 65 -- Adverse possession - Tenant - Has to prove act of ouster - Mere non-payment of rent would not constitute adverse possession...........
Limitation Act, 1963, Section 18 -- Explanation Acknowledgement of debt - Acknowledgement in the notice given by Advocate - Held, acknowledgment made by Advocate as an agent is sufficient acknowledgment which extends the limitation...........
Civil Procedure Code, 1908, Section 89, Order 6, Rule 17 - - Election petition - Amendment - Bar of limitation - Amendment was filed almost 15 months after declaration of result - Amendment proposed is not in relation to a `material fact' pleaded on which the cause of action is founded - Election petition continues to be u/s 76(3) r/w S.102(1)(d)(iv) of the Act on the..........
Haryana Panchayati Raj Act, 1994, Section 176, Limitation Act, 1963, Section 5 -- Limitation - Election petition - Could be filed within 30 days after date of declaration of result of election - Writ petition was simply dismissed as withdrawn with liberty to challenge election by filing an election petition in accordance with law - That would necessarily mean that Court..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Set aside after condoning delay - Propriety - No separate application for condonation of delay filed - But grounds have been made praying condonation of delay and affidavit also filed explaining reasons for delay - Held, once Court exercised discretion in positive manner,..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay - Condonation - While considering the delay condonation application court has to see the merit of the case also as the law of limitation is not meant to take away the right of appeal - The courts are meant for imparting justice and not to scuttle the..........
Arbitration and Conciliation Act, 1996, Section 8, 34 -- Reference to arbitrator - Limitation - According to clause (xiv) of arbitration clause No.25, reference could be made within six months of receiving intimation regarding payment of final bill - Final payment of bill made on 30.06.2006 - Reference to arbitrator made on 05.12.2006 - Held, reference is, therefore,..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Dismissal of suit for no, prosecution - Restoration application - Condonation of delay - On 20.09.1999, Civil Court in absence of plaintiff as well as his advocate, dismissed suit for non prosecution - From 20.09.1999 the original plaintiff did not do anything till he passed away on 09.06.2004..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Held, a subordinate Court has jurisdiction U.O.9.R.13 CPC and u/s 5 of the Limitation Act to set aside an ex parte decree and to condone the delay caused in filing such application when to the satisfaction of Court sufficient cause is shown by applicant -..........
Hindu Marriage Act, 1955, Section 15, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of divorce - Re-marriage - When permissible? - Held, circumstances in which a party to the decree of divorce can lawfully remarry emerges as follows - (i) If an application U.O.9.R.13 of CPC for setting aside an ex parte decree of divorce is not filed within the period of..........
