Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 141 days in filing appeal - Petitioner has not properly explained the reasons for delay - Moreover, impugned order challenged under appeal is no longer having any force being substituted by another order - Application for condonation of delay dismissed...........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration - Cause of action for filing suit accrued when disputed mutation came to the knowledge of plaintiff in the year 1999 - Suit has to be filed within 3 years from date when cause of action first accrued - Suit filed in the year 2006 is barred by limitation, though limitation has not been set up as a..........
Rajasthan Pre-emption Act, 1966, Section 9, 21, Limitation Act, 1963, Article 97 -- Right of pre-emption - Cannot be enforced for an indefinite number of transactions - It is only exercisable for first time when cause of such a right arises in a situation where plaintiff pre-emptor chooses to waive such right after Rajasthan Pre-emption Act becoming operational - S.9 of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay - Even if there is delay in seeking amendment, Court has to consider certain other aspects also, viz. (1) Whether amendment sought is imperative for proper and effective adjudication of the case - Real controversy test is the basic or cardinal test in deciding whether the amendment is to be..........
Agreement to sell -- Specific performance - Delay and laches - Suit for specific performance filed within limitation cannot be dismissed on sole ground of delay or laches - However, an exception to this rule is where immovable property is to be sold within a certain period, time being of essence and it is found that owing to some default on part of plaintiff, sale could..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 1885 days in seeking setting aside ex parte decree - Matrimonial case - Affidavit supporting petition to condone delay devoid of any material particulars - Though, husband stated that he was under treatment for mental illness, but dates of alleged treatment if..........
Custody of minor -- Writ jurisdiction - It can no longer be said for a blanket proposition that custody dispute between natural guardians is beyond the writ scope - Question of welfare of minor can be examined by High Court in exercise of its jurisdiction to issue a writ - The only limitation appears to be that where decision requires fine and intricate questions of fact..........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Reference - Limitation - Once it is established that appellant had knowledge of proceedings, then period of limitation for purpose of S.18 of the Act, would start running from the said date...........
Limitation Act, 1963, Section 10 -- Entrust of ornaments by wife to husband - Return of ornaments after dissolution of marriage - A trust is created when there is entrustment of ornaments to husband or his parents - Trustee or trustees, are liable to return the same and there is no limitation for claiming the same by wife/divorced wife...........
Limitation Act, 1963, Section 4 -- Expression `prescribed period' appearing in S.4 of the Act cannot be construed to mean anything other than period of limitation - Any period beyond prescribed period during which Court or Tribunal had discretion to allow a person to institute proceedings, cannot be taken to be `prescribed period'...........
