Limitation Act, 1963, Article 24 -- Money paid by plaintiff to defendant under agreement which is void - Defendant received money for use of plaintiff - Suit for recovery of such money - Covered by Article 24...........
Limitation Act, 1963, Article 47 -- Applies to suits for recovery of money paid, based on failure of consideration which existed at the time of such payment - Words 'paid upon an existing consideration' - Imply that the money has been paid in pursuance of a contract between the parties - Where money has not been paid in pursuance of any contract - Suit for recovery thereof..........
Limitation Act, 1963, Article 134 -- Court auction sale - Confirmation of sale - Petition filed for recovery of possession beyond one year from the date of confirmation of sale - Held, petition is barred by limitation, since it was not filed within one year from the date of confirmation of sale as per Article 134 of Limitation Act, 1963...........
Limitation Act, 1963, Article 61 -- Suit for redemption or recovery of possession - Filed within 12 years from date of knowledge of transfer - Not barred by limitation...........
Bank Loan -- Suit for recovery - Limitation - Loan advanced in July, 1971 and suit filed in August 1980 - Loan advanced on execution of promissory note - Borrower and guarantor also executed letter of continuity - None of them at any point refused to carry out obligation under document - Period of limitation to enforce bond starts to run from date of denial or breach of..........
Agreement to sell -- Suit for recovery of earnest money - No period of limitation is prescribed for recovery of earnest money and it would be covered by residuary Art.113 Limitation Act - The starting point of limitation thereunder is when the right to sue accrues. (Limitation Act, 1963, Art.113)...........
Civil Procedure Code, 1908, Order 33, Rule 14 -- Suit in forma pauperis - Death of plaintiff - Order for payment of Court fee passed against LR's - Limitation for recovery - Recovery not made for more than two decades - Order held, cannot be executed on ground of laches on part of authorities though no period of limitation is prescribed under TN. Revenue Recovery Act...........
Specific Relief Act, 1963, Limitation Act, 1963, Article 54 -- Suit for specific performance - Limitation is three years-Suit to be filed within three years of the date fixed for the performance or if no such date is fixed where plaintiff has notice that performance is refused-Notice indicating that vendor had cancelled the contract and forfeited the advance amount paid by..........
Limitation Act, 1963, Article 62 -- Loan advanced on execution of mortgage deed on 16.6.1970 and promissory note on 17.6.1970 - Mortgage deed stating that loan amount to be repaid in three equal instalments, the first to be repaid in June 1971 - Suit for recovery filed on 1.12.1982 within limitation under Art.62 of Limitation Act, having been brought within 12 years of the..........
Bank law -- Suit for recovery - Filed within three years of acknowledgement of liability by defendant - Suit is filed within time - Burden lies on defendant who claim it to be barred by limitation to prove his assertion...........
