Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - Notice issued but received back with endorsement `no such addressee' - Cheque presented against and dishonoured again - Notice issued again - Cause of action arises only on receipt of second notice - Limitation starts to run from receipt of second notice...........
Arbitration and Conciliation Act, 1996, Section 11(4) -- Arbitration - Limitation - Plea of - Question of limitation can be examined and decided by Arbitral Tribunal...........
Punjab Municipal Act, 1911, Section 195A(2), 189(1)&(2), 234, Criminal Procedure Code, 1973, Section 468 -- Continuing offence - Notices issued by Nagar Council stating therein that the respondents had started construction without obtaining requisite sanction from the Nagar Council - They were asked to stop the construction and demolish the construction which they have so..........
Consumer Protection Act, 1986, Section 15, 21(b) -- Appeal - Condonation of delay - In the application for condonation of delay of 660 days dates, months and year of the movement of file at different levels till sanction to file appeal was accorded by Chief Administrator, HUDA has not been disclosed - Held that when a valuable right had accrued to the petitioner due to..........
Contract Act, 1872, Section 55, Limitation Act, 1963, Article 54, Specific Relief Act, 1963, Section 20, 21 -- In a suit for specific performance of contract in respect of any immovable property, time would ordinarily not be the essence of the contract...........
Agreement to sell -- Suit for specific performance - Limitation - Begins to run from the date on which the contract was to be specifically performed - Performance of a contract when depends upon certain statutory formality then sale deed cannot be registered till the said requirement is complied with - In a given situation, the vendor may not be permitted to take advantage..........
Limitation Act, 1963, Article 54 -- Suit for specific performance - Limitation - Suit for specific performance of a contract is required to be filed within three years - In the event no date is fixed for the performance, within a period of three years from the date when the plaintiff has notice that performance is refused...........
Limitation Act, 1963, Article 54 -- Suit for specific performance - Limitation - Suit is governed by Art. 54 of Limitation Act - As regards applicability of first or second part of the provision Court has to see whether any time was fixed for performance of the agreement of sale and if it was so fixed, whether the suit was filed beyond the prescribed period unless any case..........
Specific Relief Act, 1963, Section 9 -- Agreement to sell - Suit for specific performance - Limitation - Scope of - Whether suit bared by limitation or not would not only depend upon nature of agreement but also the conduct of the parties and how they understood the terms and conditions of agreement - It is to be seen whether any time is fixed for performance of agreement..........
Specific Relief Act, 1963, Section 9, Limitation Act, 1963, Article 54 -- Plea of limitation - When not available to vendor - Agreement to sell - Sale deed to be executed after compliance of statutory requirements by vendor - Vendor failed to comply with the requirements within prescribed period - Refused to execute sale deed on plea of limitation - Vendor cannot be..........
