Limitation Act, 1963, Section 5 -- Condonation of delay - Length of delay is not a material factor for deciding an application u/s 5 of the Act...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendants have already filed written statement and they were diligent enough to defend the suit - They came to know about ex parte decree only when they received notice in execution proceedings - Defendants ought to be given an..........
Limitation Act, 1963, Article 65 -- Suit for declaration and recovery of possession - When in a suit for declaration of title, a further relief is claimed in addition to mere declaration, relief of declaration would only be an ancillary one and for the purposes of limitation, it would be governed by the relief that has been additionally claimed - Further relief claimed in..........
Transfer of Property Act, 1882, Section 126 -- Gift - Revocation - Once it is held that gift deed was validly executed resulting in the absolute transfer of title in favour of plaintiff, same is not liable to be revoked, and as such the revocation deed is meaningless especially for the purposes of calculating the period of limitation for instituting the suit...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - Application U.O.7.R.11 CPC to reject the application filed u/s 151 CPC - Plea taken that consent decree cannot be set aside u/s 151 CPC and that consent decree was granted..........
Insolvency and Bankruptcy Code, 2016, Section 7, Limitation Act, 1963, Section 18 -- Corporate Insolvency Resolution process (CIRP) - Limitation - Acknowledgment of debt - Entry made in balance sheet coupled with note of auditor of appellant clearly amounts to acknowledgment of liability - Corporate Debtor's proposal of One time Settlement also constituted acknowledgment..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Recovery of arrears of maintenance - Execution - Limitation period of one year as contemplated u/s 125(3) Cr.P.C merely prescribes the mode of recovery through Court and not the liability itself - There still remains a continuing liability to pay arrears of maintenance even after the right to recover such..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing recall application - Averments made in affidavit filed in support of application for condonation of delay in filing recall application as well as affidavit filed in support of such recall application, do not make out any sufficient cause either for condonation of delay of about 4 years or for recall..........
Civil Procedure Code, 1908, Order 8, Rule 1, Limitation Act, 1963, Section 5 -- Written statement - Not filed within statutory period - Condonation of delay - It is not always the length of delay which is the governing factor while examining plea of condonation of delay - If sufficient cause is shown, then irrespective of length of delay, same can still be condoned...........
Adverse possession -- Limitation - Once the plaintiff proves his title over suit property, it is for the defendant resisting the same claiming adverse possession that he perfected title through adverse possession - In that regard starting point of limitation u/art 65 of Limitation Act would not commence from the date when right of ownership arises to plaintiff but would..........
