Hindu Minority and Guardianship Act, 1956, Section 8(2) -- Sale of minor's property in contravention of Ss.8(1), 8(2) of the Act - Voidable transaction executed by guardian of minor can be repudiated and ignored by minor within time on attaining majority either by instituting a suit for setting aside voidable transaction or by repudiating the same by his unequivocal..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Where an application is made for rejection of plaint on the ground that suit is barred by law of limitation, it would be duty of Court to scrutinize the averments contained in plaint as a whole and on their face value to ascertain the bar of limitation and to take a decision..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Questions relating to starting point of limitation and reckoning date of knowledge of essential facts, which form basis of cause of action, would have to be held to be triable issues and a suit cannot be dismissed at the threshold or upon an application U.O.7.R.11(d) CPC in..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Rejection of plaint on the ground of limitation would not be legally sustainable unless the same is apparent from a plain reading of plaint averments and is to be derived on the strength of pleadings and evidence to be adduced by parties...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Where date of knowledge has been specifically pleaded in the plaint and forms the basis of accrual of cause of action, issue of limitation cannot be decided at the threshold - Question of limitation, in such a situation, would be a mixed question of fact and law, which would..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - All the claimed reliefs cannot be prima facie termed to be barred by limitation - Plaint cannot be rejected in part - Application rightly rejected...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Inordinate delay of 1489 days in filing appeal - Explanation furnished neither establishes a sufficient cause nor covers the entirety of delay which would justify condonation of an extraordinary delay - Vague assertions or generalized difficulties do not meet the statutory threshold - Application dismissed...........
Legal Services Authorities Act, 1987, Section 22C -- Lok Adalat - Limitation for filing a petition under the Act is three years - Any petition filed thereafter is barred by time...........
Family Courts Act, 1984, Section 19(2), Limitation Act, 1963, Section 5, Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance proceedings u/s 125 Cr.P.C (S.144 BNSS) - Appeal - Condonation of delay in filing appeal - - Appeal is not maintainable against an order passed by Family Court in maintenance proceedings u/s..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Time to fulfill contract to execute sale deed not mentioned in agreement to sell - Though original date of agreement is 22.08.1994, plaintiff approached defendant nos. 1 to 3 demanding them to execute sale deed on 09.06.2003 and same was denied by defendants, suit was filed on 26.06.2003 -..........
