Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for perpetual injunction - Amendment sought to incorporate relief of declaration of title and recovery of possession, since a cloud about title of plaintiff raised by defendant in written statement - Application for temporary injunction was rejected, and finding was given that plaintiff was not in..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Limitation - Where something additional is necessary to ascertain, limitation period definitely in O.7.R.11 CPC shall not be attracted - But where on basis of pleadings in plaint but without reference of any material including plea taken in written statement, limitation period can be ascertained in..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 75 -- Rejection of plaint - Limitation - Suit for damages - Defamation - Art.75 of Limitation Act, provides one year limitation from the date of publication of libel - Last date of publication/telecasting of news item was 2014 and one year thereafter had elapsed on 2015 - Suit filed in 2017 thus,..........
Indian Penal Code, 1860, Section 498A, 506(i), Criminal Procedure Code, 1973, Section 468 -- Cruelty - Criminal intimidation - Allegation that accused demanded to hand over jewellery within a period of three months from date of marriage - As per complaint occurrence said to have been taken place finally on 27.11.2007 - Period of limitation thus, shall be three years as per..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue of limitation is a mixed question of fact and law and same cannot not be decided as a preliminary issue...........
Criminal Procedure Code, 1973, Section 456(2) -- Restoration of possession - Period of limitation - No period of limitation has been provided for higher Courts to make order for restoration of possession u/s 456(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 456 -- Restoration of possession - Limitation period of 30 days - Applies only if trial Court has not passed any order in respect of the case property while convicting the accused...........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Article 14 -- Impleadment of a party - Limitation - Suit for price of goods sold and delivered - `H' was impleaded as plaintiff No.2 - However, order does not reveal that newly impleaded plaintiff shall effect from the date of institution of the suit - Thus, limitation will begins to run from the date of..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay of 696 days in filing appeal - Partition suit - Delay is about 1 year and 9 months - If indeed appellant/defendant really suffered on account of judgment and decree of trial Court, he would have taken steps to file appeal in time - Although plaintiff sought 1/3rd share..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 19 -- Condonation of delay - Delay of 176 days in filing application for restoration of appeal dismissed in default - Delay of 176 days cannot be said to be an inordinate delay, more so when matter relates to first appeal - Appellants having lost before trial Court ought to have fair and reasonable..........
