Limitation Act, 1963, Article 91(a) -- Misappropriation of bonds - Recovery suit - Applicability of S.91(a) of Act - Bonds are specific movable property, which is capable of being possessed - Art.91(a) of Act would apply to it for the purposes of limitation...........
Limitation Act, 1963, Article 91(a) -- Misappropriation of bonds - Recovery suit - Limitation for filing the suit for compensation is three years from the date on which the person having right to possession of property learns in whose possession it is - Instantly, suit filed within three years from the date of knowledge with regard to a specific person in whose possession..........
Suit for possession -- Suit filed after 20 years from the date of dispossession - Suit is apparently and miserably barred by limitation for the purpose of recovery of possession or for eviction/ejectment...........
Limitation Act, 1963, Article 3 -- Suit for recovery for goods supplied - Dispute with regard to one wagon which was neither unloaded at destination nor returned to plaintiff - Wagon was delivered by Railways and not by appellant - Held, liability to compensate the appellant was of the Indian Railways under the Railway Claims Tribunal Act, 1987 - Appeal Dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought claiming alternative relief of recovery of possession - Plaintiff contended that he is in continuous possession of suit property since 1976 but failed to mention the date of dispossession - In such circumstance, it is not possible to examine..........
Limitation Act, 1963, Section 18 -- Acknowledgment of time-barred debt - Recovery suit - Limitation - Suit can be filed on the basis of written promise to pay time-barred debt as it is valid contract and enforceable in law - Written promise to pay time-barred debt by itself furnished fresh cause of action - Suit not barred by limitation - Dismissal of suit held not proper...........
Limitation Act, 1963, Article 65 -- Limitation - Adverse possession - Once a suit for recovery of possession is filed against defendant in adverse possession, his adverse possession does not continue thereafter as the moment such suit is filed, running of time for acquiring title by adverse possession gets arrested...........
Limitation Act, 1963, Article 58 -- Suit for declaration, injunction, recovery of arrears of rent - Limitation - Accrual of cause of action - Plea of execution of certain document in favour of defendant taken up by him in an earlier eviction petition - Those documents were found to be forged and fabricated documents - Limitation to file suit for declaration, injunction and..........
Transfer of Property Act, 1882, Section 59 -- Suit for redemption of mortgage and suit for possession - In some respects both the suits are similar - However, there are vital differences also - In a suit for redemption, on proof of valid mortgage, redemption could be granted, whereas in title suit, plaintiff is required to establish his title to the suit property - Period..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Suit for recovery of money - Suit decreed - Delay in filing appeal - Delay condoned with direction to deposit half of the decretal amount and permitted plaintiff to withdraw half of the amount so deposited - Order upheld...........
