Limitation Act, 1963, Article 58 -- Declaratory suit - Revenue entries - Limitation to challenge - Held, in a suit for declaration as well as permanent injunction, limitation will not start w.e.f. the date an adverse entry is made in revenue record but when actual possession of plaintiff is threatened by other party u/Art.58 of Limitation Act - Time would begin to run not..........
Negotiable Instruments Act, 1881, Section 138(c) -- Dishonour of cheque - Limitation - Cheque was dishonored on 17.08.2009 - Demand notice issued to petitioner received unserved on 18.08.2009 with an endorsement that addressee is not residing in the given address - Thereafter again cheque was presented for payment and same was dishonored - After receiving dishonored cheque..........
Civil Procedure Code, 1908, Order 22, Rule 11, Limitation Act, 1963, Section 5 -- Non-substitution of LRs - Abatement of appeal - Application for substitution of LRs - Delay therein - Application for condonation of delay - No sufficient cause shown for delay - Held, delay cannot be condoned - Appeal abated for no, substitution of LRs...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Approach to be adopted by court - Held, there should not be hyper technical approach while considering condonation of delay, but while considering inordinate delay Court must find sufficient explanation for condoning such delay - The basic principle is to adopt a liberal approach keeping an eye to substantive..........
Limitation Act, 1963, Article 136 -- Execution - Decree for possession - Limitation 12 years - Starting point - Whether from date of trial Court judgment or from date of dismissal of revision for want of prosecution - Doctrine of merger applies - Held, revision dismissed for want of prosecution amounts to confirmation of decision of trial Court on merits - It amounts as..........
Arbitration and Conciliation Act, 1940, Section 14, 17, Limitation Act, 1963, Article 119(b) -- Arbitration award - Made rule of the Court ex parte - Setting aside - Objection filed more than a year thereafter - Limitation period for filing objection was 30 days from date of service of notice of filing of Award - Even no ground whatsoever was pleaded for condonation of..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Appeal - On account of legal advice appellant was prevented from filing the appeal in time - Held, explanation for the same is reasonable and bonafide - That differing legal advice could be a sufficient cause, in a given case and Appellant's conduct otherwise bonafide - Delay in filing the first appeal condoned with..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Second demand notice - Issuance of - Held, cheque can be presented any number of time and on each presentation of cheque and its dishonour a fresh right and not a cause of action accrues in favour of payee - But once a notice u/clause (b) of S.138 of the NI Act is received by drawer of cheque,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Limitation - First legal notice was issued on 16.09.1998 - - Second legal notice on 08.10.1998 - Complaint filed on 12.11.1998 - Held, complaint is barred by limitation...........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Two conditions for execution of the decree are (i) the judgment has to be converted into a decree and (ii) the decree should be enforceable - Limitation cannot be said to begin only when the decree is engrossed on the stamp paper...........
