Indian Contract Act, 1872, Section 73, Limitation Act, 1963, Article 55 -- Damages - Breach of contract - Limitation - Suit based on successive breaches committed by appellant State - Suit was required to be filed within three years of happening of each breach as per Art.55 of Limitation Act, which would constitute a distinct cause of action - Period of limitation did not..........
Constitution of India, 1950, Article 309, 320(4), Orissa Ministerial Service (Method of Recruitment and Conditions of Service of Lower Division Assistants in the Offices of Departments of Secretariat) Rules, 1951, Rule 3 -- Recruitment for OPSC - Appointment of respondent made on ad-hoc basis due to inadequate number of reserved candidates - Challenge - Amended R.3 of..........
Karnataka Cooperative Societies Act, 1959, Section 108 -- Revision - Barred by limitation - Confirmation of auction sale despite repayment of loan amount by appellants rendered them landless for more than 2 decades - Gross miscarriage of justice caused to appellants by deprivation of right to livelihood guaranteed u/Art.21 of Constitution - Since constant litigation has..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory injunction - Issue of limitation - Can be taken by defendants before appellate Court even though it had not been raised before trial Court or first appellate Court, as the defendants have taken this ground in the memo of appeal and substantial question of law has been framed in this regard...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory injunction - Restraining defendants permanently from constructing road over suit land or changing its nature - Plaintiffs have not come to Court with clean hands - It was for plaintiffs to plead that road was constructed in 2000 and plaintiffs were out of possession at the time of filing of suit - Virtually..........
Suit for recovery of possession based on title -- Limitation - There is no limitation to seek possession of property on the basis of title...........
Service -- Claim of pension - Continuing wrong - Delay and latches or limitation would not thwart the claim so long as the claim if allowed does not have any adverse repercussions on the settled third-party rights - However, claim for pension can be restricted if otherwise sustainable in law, to three years previous to when it was raised in a judicial forum...........
Civil Procedure Code, 1908, Order 22, Rule 3(2), 4(3) -- Death of plaintiff or defendant - Abatement - There is automatic abatement on the death of a party, once the period of 90 days provided for filing a substitution application expires - Abatement comes into effect without intervention of Court - However, after expiry of period of 150 days from the date of death of a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Power of Court to grant amendment is with limitation contained in proviso added to O.6.R.17 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Allowed - Amendment relates back to the date of filing of suit - Once amendment is allowed and is not challenged by defendants, then issue with regard to limitation has to be decided in favour of plaintiff...........
