Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Section 15(1) -- Auction sale - Delivery of possession - Applicability of S.15(1) of Limitation Act to an application filed U.O.21.R.95 CPC - Question left open...........
Assam Fixation of Ceiling of Land Holding Act, 1957, Section 7(6) -- Land ceiling - Taking over of excess land - Claim for restoration of land and compensation - Limitation - Remedy for taking over of excess land is to be availed by owner of land within one year - However, in the present case application against order taking excess land was filed after delay of 14 years -..........
Adverse possession -- Notice dated 11.8.1964 alleging trespass - Suit filed on 09.09.1980 - Plaintiff for 12 years not sought possession - Second notice issued on 20.10.1978 by that time his right to seek possession of suit property has got extinguished - When suit was presented on 09.09.1980 it was beyond period of limitation as per S.27 of Limitation Act. (Limitation..........
Limitation Act, 1963, Article 110 -- Limitation - Joint family property - Defendants claiming to be exclusive owner - As per oral and documentary evidence on record, defendants have failed to establish that plaintiffs have been excluded from joint possession of suit land and merely because plaintiffs are residing in their matrimonial house it cannot be held that they were..........
Criminal Law (Amendment) Ordinance, 1994, Section 4, 6, 8, 9, Limitation Act, 1963, Section 29 -- Provisions of Limitation Act are applicable to Ordinance, which is special law, in view of S.29 of Limitation Act...........
Limitation Act, 1963, Article 64, 65 -- Limitation - Plea of adverse possession - Admittedly, appellant is a third purchaser of suit property from deceased and is in possession of property since long through oral sale-deed - Limitation for adverse possession cannot be reckoned from period of oral agreement rather period will be reckoned from the date of alleged..........
Limitation Act, 1963, Section 5, 29(2), Assam Value Added Tax Act, 2003, Section 81, 84 -- Revision petition filed in High Court u/s 81 of the Act - Condonation of delay - Provision of S.5 of the Act is not applicable to proceedings u/s 81 of 2003 Act by virtue of language employed in S.84 of 2003 Act...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Bar of limitation - Challenge to sale deed of the year 2005 in 2015 - Suit filed in the year 2010 - No averment in application as to what prevented plaintiff to challenge the sale deed earlier - Amendment sought is barred by limitation - Application rightly rejected...........
Limitation Act, 1963, Section 22, Article 113 -- Limitation - Suit for rendition of account and repayment of excess money - When interest/commission is allegedly charged illegally on each discounted cheque/draft the same is not a case of continuous cause of action falling u/s 22 of the Act - Each entry towards alleged illegal interest is a cause of action for seeking..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Powers of Appellate Court: (i) Appellate Court has full power to review, re-appreciate and reconsider the evidence upon which an order of acquittal is founded: (ii) Cr.P.C. puts no limitation, restriction or condition on exercise of such powers and; (iii) Appellate court on the evidence before it may..........
