Limitation Act, 1963, Article 1,25,62,63,64,65 -- 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 start from 1.4.1987 - Trial court computing the period of limitation as 12 years by relying on principles concerning recovery of possession of mortgage of immovable..........
Civil Procedure Code, 1908, Section 96, Limitation Act, 1963, Article 55, 113 -- Suit for recovery of amount due on completion of contract - Conditions of contract stipulating that intermediate monthly payment shall be regarded as payment by way of advance against final payment and not for payment of work actually done and completed - Completion of work a condition..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Complainant filed the present complaint against the respondent-bank on 27.4.1995 - Earlier on 14.6.1993, the respondent-bank filed a recovery suit against the complainant in the Debt Recovery Tribunal - Complainant also filed a civil suit against the bank on 16.7.1994 - Complainant failed to explain as to why when..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5(2) -- Execution of order of eviction of unauthorised occupant - Application not required - No limitation for putting rightful owner in possession of public premises occupied by unauthorised occupant - Collector duty bound to evict person in unauthorised occupation and take possession of..........
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..........
