Limitation Act, 1963, Article 1 -- Limitation - Suit for recovery of money - Parties had agreed and proceeded with two independent transactions leading to two independent obligations i.e one being obligation on part of plaintiff to pay rent to defendant and other being obligation on part of defendants to repay the loan to plaintiff - Art.1 of Scheduled to Limitation Act..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Order of injunction granted in favour of plaintiff in earlier suit filed by defendant in respect of 86 cents which included 14 cents of suit property also - Since defendant claimed title in respect of suit property, which was denied by Courts in said earlier suit, it would have..........
Settlement -- Revocation of settlement deed - Suit for declaration of title and permanent injunction - Father executed settlement deed in favour of her daughter/plaintiff - Document under settlement deed is acted upon and property has been mortgaged, which is more than 30 years old - Presumption u/s 90 of Evidence Act should be drawn - Moreover, no suit was instituted..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 378 days - Suit for recovery of money - Ex parte decree set aside on condition of deposit of entire decretal amount alongwith interest as on date - Defendant granted one opportunity to prove his defence...........
Limitation Act, 1963, Section 17 -- Limitation - Suit for recovery of earnest money - Period of limitation starts from date of refusal of execution of agreement, as defined under the agreement or from date of knowledge of fraud, if any, found committed in the alleged agreement...........
Limitation Act, 1963, Section 17 -- Limitation - Suit for recovery of earnest money - Agreement to sell - Plaintiff pleaded fraud in execution of agreement to sell and he has succeeded in proving the same by showing that shops in question were already sold by defendant - Since plaintiff filed the suit within period of three years from date fixed for execution of sale deed,..........
Limitation Act, 1963, Section 5, Negotiable Instruments Act, 1881, Section 4 -- Suit for recovery of money - Issue as to `whether dishonoured cheque will save the limitation of time barred debt, in the absence of promise' - Period of limitation has to be reckoned from the date of cheque considering the cheque as acknowledgment of debt - In instant case, suit being filed..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for recovery of possession - Suit filed in the year 1976 - However, defendant trespassed into suit property in the year 1955 as per plaintiffs - Plaintiffs therefore, ought to have filed suit within a period of 12 years from date of alleged trespass, as contemplated u/art 65 of the Act when possession of defendants..........
Companies Act, 1956, Section 434(1)(a) -- Winding up petition - Limitation - Suit for recovery based upon a cause of action that is within limitation cannot in any manner impact separate and independent remedy of a winding up proceeding...........
Limitation Act, 1963, Article 113 -- Suit based on recurring cause of action - Held, not barred by limitation - Even if a part of relief sought is barred by limitation, Court can always mould the relief and grant recovery to the extent that it is within limitation...........
