Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5, Limitation Act, 1963, Article 137 -- Execution of order of eviction of unauthorised occupant - Warrant of possession issued in execution proceedings initiated before expiry of 3 years - Order could not be executed either for the reason that execution application dismissed in default or that..........
Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 - Bail - Search and seizure - Recovery of 14 bags containing total 490 Kgs of poppy husk lying along side wall of the drawing room - Petitioner alongwith another person found sitting on the cot in the same room - Recovery made is commercial quantity in terms of..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19(8), -- Debt Recovery Tribunal (Procedure) Rules, 1993, Rule 7 - Counter claim - Is based on separate cause of action and independent claim against Bank - It requires to be filed within period of limitation by paying prescribed Court Fee...........
Criminal Procedure Code, 1973, Section 125(3) -- Minor - Recovery of arrears of maintenance for the period 19.2.1996 to 18.2.2001 - Application filed within one year of attaining majority - Application is maintainable - It is S.6 Limitation Act which applies and not proviso of S.125(3) Cr.P.C. (Limitation Act, 1963, S.6)...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of 3 bags containing 30 kgs. of poppy husk from the car of the accused - Plea of the accused that there is no, compliance of Ss.42, 50 & 57 of NDPS Act - Held that the prayer for bail has to be considered in the light of the limitation laid down..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration and for consequential permanent injunction - Subsequent to filing of suit defendant found to be in possession of part of property - Amendment of plaint sought to include relief of recovery of possession and mandatory injunction - Defendant can raise the objection as to limitation by..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Suit for specific performance barred by limitation - Even then plea in defence of part performance is available in a suit for recovery of possession if the necessary conditions are fulfilled viz (i) (1) there must be a contract to transfer for consideration any immovable property; (2) the contract must be in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for injunction restraining defendant from interfering in possession - Amendment sought seeking relief of declaration and for recovery of possession - Such amendment can be allowed - Plea of limitation can be raised after amendment...........
Contract Act, 1872, Section 128, 171 -- Bank loan - Time barred - Liability still subsists - Bank has general lien on surety's money held by it, and in absence of contrary to contrary, bank is competent to adjust that money towards debt due from the principal debtor who has defaulted - Fact that fixed deposit made by surety with bank was subsequent to loan transaction does..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Recovery - Limitation - Amount for May, 1997 became due in June, 1997 - Application for recovery filed on 2.6.1998 - Order of recovery for payment from May, 1997 to May, 1998 is neither illegal nor perverse...........
