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..........
Limitation Act, 1963, Article 72 -- Suit for recovery by way of damages - Limitation - Limitation for filing suit for damages is one year from the date of cause of action...........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21 -- Impleadment of a party - Suit for recovery - Addition of another legal heir - Suit against him became time barred - Dismissal of application calls for no interference...........
Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 25 -- Condonation of delay - Delay in payment of amount - Recovery of debt as per settlement reached in Lok Adalat - Parties agreed that if amount not paid within time schedule than bank will be at liberty to recover entire amount due - However, if agreed amount..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 14, Article 113 -- Rejection of plaint - Barred by limitation - Suit for recovery of money for balance amount due with respect to services performed - Cause of action with respect to sale of goods and services are governed by Art.14 r/w Art.113 of Limitation Act - Sale of goods and services more or..........
