Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of Benami law - Suit for declaration of title filed in 2011 on the basis of benami transaction which took place in 1964 - Prohibition under Benami Transaction Act is squarely applicable and attracted to the case - Plaint is barred by benami law and liable to be rejected - Application allowed...........
Civil Procedure Code, 1908, Section 9, 47, 11 -- Second suit to execute decree in a former suit - Execution of decree in the former suit became time barred - Second suit does not lie to enforce a decree passed in an earlier suit where execution of decree passed in earlier suit became time barred - However, in case a subsisting right continues to vest in the plaintiff to..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Limitation Act, 1963, Article 113 -- Counter claim - Limitation - Counter claim seeking mandatory injunction on the basis of an agreement is governed by ordinary rules of limitation u/art 113 of Limitation Act and accordingly to be filed within three years from the date of accrual of cause of action - Sine counter claim filed..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of gift deed - Limitation is three years which begins to run when fact entitling plaintiff to have the instrument or decree cancelled or set aside or contract rescinded first became known to him - In the instant case factum of entitlement to cancel the gift deed came into the knowledge of plaintiff on..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Benami transaction - Transaction refereed in plaint occurred in year 1971-72, before passing of Benami Transaction Act, 1988 - However, suit filed after passing of said Act - What is relevant is the date on which suit is filed and not the date on which transaction itself occurred - Since averments in..........
Land Acquisition Act, 1894, Section 11, 11A -- Acquisition of land - Validity of award - Award passed in the year 1996 - Award upheld by High Court and Supreme Court - Filing fresh writ petition challenging validity of award for first time in 2004, therefore, not only barred by provisions of O.2.R.2 CPC but also barred on the doctrine of laches and delays as well...........
Criminal Procedure Code, 1973, Section 482, 397 -- Second revision petition - Filed in the garb of S.482 Cr.P.C. - Second revision petition is barred u/s 397(3) Cr.P.C...........
West Bengal Premises Tenancy Act, 1997, Section 7(3), Civil Procedure Code, 1908, Section 11 -- Eviction petition - Striking off defence - Res judicata - Earlier revisional application contained a ground challenging jurisdiction of Court and Court has not expressly granted relief sought for - Such relief shall be deemed to have been refused - Defendant having not proceeded..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Earlier application was dismissed as not pressed - Fresh application for amendment not barred...........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 14 -- Objections - Limitation - Time period that was consumed while appellant was pursuing his revision petition filed in High Court in good faith is excluded his objections would be within limitation - Court blow out to have excluded period while appellant was bona fidely pursuing his cause..........
