Limitation Act, 1963, Article 62 -- A suit to enforce the payment of money secured by a charge upon immovable property is covered by Article 62 of the Limitation Act, 1963 if the recovery is sought against the charged properties and the prescribed period of limitation is twelve years - However, when a suit is filed for personal decree against defendant and not for recovery..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Recovery proceedings - Kept pending for five years - Maintenance accrued after filing of recovery proceedings upto the date of decision in such recovery proceedings, can be ordered to be paid in the same recovery proceedings - Fresh application need not be filed - Law of limitation as prescribed u/s 125(3)..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Charas - Recovery greater than small quantity but less than commercial quantity - Restriction imposed by S.37(1)(b)(ii) is not applicable - Restriction imposed by S.37(1)(b)(ii) applies only in respect of offence u/ss 19, 24 and 27-A and for offences involving..........
Civil Procedure Code, 1908, Order 37, Rule 3(5), Maharashtra Co-operative Societies Act, 1960, Section 91, Maharashtra Co-operative Societies Rules, 1961, Rule 77F -- Summary suit for recovery of dues - Leave to defend - Grant of - Investment of Rs.100 crore by way of deposit by bank - Failure on the part of corporation to honour its commitment - Dispute filed by Bank -..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Recovery - Limitation is one year for making application for execution of maintenance order - However, where maintenance order is stayed by superior Court then period of one year is to reckoned from vacation of stay - Maintenance can be recovered for the period of one year earlier to date of filing of recovery..........
Redemption of Mortgages (Punjab) Act, 1913, Section 12, Limitation Act, 1963, Article 61 - - Usufructuary mortgage - Redemption of - Limitation - Suit land mortgaged on 10.03.1943 - Original mortgagee sold his rights to defendant No.1 on 20.07.1957 by registered deed - Original mortgagor sold his right of redemption to the plaintiff vide sale deed dated 25.01.1960 -..........
Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, Section 12(1)(b), Limitation Act, 1963, Article 37 -- Tenant`s right to recover possession - Limitation - Landlord sought recovery possession on bonafide need of demolishing existing building and erecting new building - U/s.12(1)(b), tenant`s right to reoccupy building continues to survive - Application..........
Limitation Act, 1963, Article 52 -- Arrears of rent - Suit for recovery - Limitation is three years from the date when the arrears become due - Pendency of petition for fixation of fair rent does not preclude the landlord to recover the contractual rent...........
Civil Procedure Code, 1908, Section 152 -- Amendment of decree - Seeking of - No Limitation Prescribed - Suit was for recovery of money - However due to mistake, office drafted decree as a preliminary decree in mortgage suit - Can be corrected by High Court in application made even after 11 years of said decree as there is no prescribed period of limitation to file said..........
Limitation Act, 1963, Article 1,19,25 -- Limitation - Recovery suit by Bank - Pledge of FDR - Loan given on 4.1.1984 Last entry of Rs. 300/ - made before 31.3.1987 - Accordingly the limitation would start from 1.4.1987 - The suit filed on 10.8.1990 would be barred by limitation as per the provisions of Article 1 of the Act - Reliance on Article 25 of the Act would not be..........
