Civil Procedure Code, 1908, Section 115, 96, 105 -- Suit barred by limitation - Dismissal of - Revision - Maintainability - Held, dismissal of suit as barred by limitation is final as the adjudication on ground of limitation will have effect of finally disposing of suit, against which, an appeal lies u/s 96 of CPC - Deciding issue of limitation as preliminary issue and..........
Civil Procedure Code, 1908, Order 7, Rule 11, West Bengal Government Land (Regulation of Transfer) Act, 1993, Section 21 -- Rejection of plaint - Suit for declaration of title by lessee against sub lessee of Govt. Land - Suit is not barred by law - Civil Court has no jurisdiction only when dispute is between Government and the lessee and not when dispute is between lessee..........
Criminal Procedure Code, 1973, Section 125, 128 -- Maintenance - Recovery - Where application for issuance of warrant is filed within period of one year then subsequent application filed in the same proceedings cannot be barred by limitation...........
Civil Procedure Code, 1908, Section 104(2), Order 43, Rule 1(t) -- Bar u/s 104(2) - Applicability - Appeal - Dismissal for want of prosecution - Restoration application filed along with application for condonation of delay rejected - Appeal thereagainst - Held, it would be an appeal U.O.43.R.1(t) r/w S.104 of CPC and not intra court appeal or Letter Patent Appeal - Hence..........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata - Estoppel by judgment - From facts and compromise decree which was part of record, it is clear that present plaintiffs' father was party and property in dispute was same - Compromise has taken place on certain terms and conditions - From perusal of compromise decree, it clearly appears..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Question as to whether suit land vests with Gram Panchayat or not? - Held, said question can only be determined by an authority under the Act of 1961 - Jurisdiction of Civil Court is barred u/s.13 of the Act...........
Specific Relief Act, 1963, Section 38, Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Injunction - Earlier also a similar suit was filed - Earlier suit was dismissed as withdrawn as defendant in the written statement stated that he will not interfere and would not raise any construction over the suit land - Plea that present suit is barred U.O.2.R.2, O.23.R.1 &..........
Punjab Agricultural Produce Markets Act, 1961, Section 8 -- (as applicable to U.T.Chandigarh) Application for renewal of licence of Katcha Ahrtiya made by petitioners rejected as same was filed beyond the prescribed period of time - Punjab Agricultural Produce Markets (General) ,R. 1962 - Challenge against said order of rejection - Held, application for renewal of..........
Electricity Act, 1910, Section 33 -- Electrocution - Death - Suit for compensation - Maintainability - Held, as per S.33 of the Indian Electricity Act in case any accident occurs in connection with generation, transmission, supply or use of energy, a suit for compensation is not barred under the statute - Trial court has rightly held that the suit would be maintainable...........
Consumer Protection Act, 1986, Section 2(1) -- Limitation - Cause of action arose to the complainant - appellant in the month of August, 2004 and complaint instituted on 15.12.2007 before the District Forum - The same rightly held to be barred by limitation by the District Forum - The appellant has not been able to bring any evidence on record to prove that there is..........
