Civil Procedure Code, 1908, Order 47, Rule 7, Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(e) -- Review against the order passed by Tribunal - Dismissal of application for condonation of delay in filing of review application - Would be an order of dismissal passed in review application...........
Civil Procedure Code, 1908, Order 47, Rule 7, Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(e) -- Review against the order passed by Tribunal - Dismissal of application for condonation of delay in filing of review application - Writ petition - Is maintainable - No appeal would lie from the rejection of..........
Civil Procedure Code, 1908, Order 47, Rule 7, Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(e) -- Review against the order passed by Tribunal - Dismissal of application for condonation of delay in filing of review application - Writ petition - Maintainability - Mere fact that review application is shown..........
Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19, 22, 24 -- Review application - Applicability - S.22 of 1993 Act is not independent to S.19 of 1993 Act, therefore, S.24 of 1993 Act would clearly applies S.5 of 1963 Act to review application...........
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...........
Limitation Act, 1908, Article 140, 141 -- Limitation - Alienation made by Hindu Widow - Suit for recovery of possession by reversioners (heirs) - Period of limitation for filing suit for recovery of possession would commence upon death of widow...........
Limitation Act, 1908, Article 140, 141 -- Limitation - Alienation made by Hindu Widow - Suit for recovery of possession by reversioners (heirs) - Property alienated by Hindu Widow in favour of her brother in 1913 - Undoubtedly it was open to reversioner to proceed on the basis that such alienation does not bind her - Widow died in 1938 - Time started tickling with passing..........
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..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction on the basis of agreement to sell - Limitation - Agreement to sell executed in the year 1987 and sale deed in favour of defendants executed in the year 1994 - Suit filed in the year 2004 - Nothing on record that steps were taken by plaintiff to get sale deed executed in his favour -..........
Limitation Act, 1963, Article 112 -- Limitation - Recovery suit - Suit by or on behalf of Government - Suit filed in the year 2003 for recovery of money due to Central Government - BSNL which came to be incorporated by Department of Telecommunication with effect from 2000 is prosecuting suit founded on cause of action of Central Government - Suit therefore is deemed to be..........
