Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Issuance of cheque whether towards time barred debt - Loan repayable within seven years - Period of limitation would start reckoning from the expiry of period of seven years...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cancellation of sale deed on ground of fraud and misrepresentation - Suit filed after a period of 10 years from the date of execution of registered sale deed - Nothing has been mentioned on which date and how plaintiff had the knowledge that document was obtained by fraud and/or misrepresentation -..........
Civil Procedure Code, 1908, Order 14, Rule 2(2)(b) -- Issue of limitation - Can be determined as preliminary issue when it can be determined on admitted facts...........
Limitation Act, 1963, Article 136 -- Limitation - Article 136 Limitation Act does not apply when question involved is initiating legal proceedings to seek alleged legal right as Article 136 Limitation Act applies only when an application for execution of any decree (other than decree granting a mandatory injunction) or order of any Civil Court is to be filed...........
Limitation Act, 1963, Article 65 -- Suit for declaration that plaintiff and defendants are owners and in joint possession with consequential relief of permanent injunction - Limitation would not commence on mere mutation entries but rather when there is a real threat to possession of plaintiff based on such actions that cause of action would be stated to have arisen - Suit..........
Constitution of India, 1950, Article 226 -- Writ petition - Laws of limitation do not apply to exercise of jurisdiction u/art 226 of Constitution...........
Insolvency and Bankruptcy Code, 2016, Section 9 -- Corporate Insolvency Resolution process (CIRP) - Condonation of delay in filing application u/s 9 of IBC - Pendency of proceedings in a parallel forum is not sufficient cause for delay in filing an application u/s 9 of IBC, particularly by the time application was filed, claim had become barred by limitation...........
Insolvency and Bankruptcy Code, 2016, Section 7, 9 -- Corporate Insolvency Resolution process (CIRP) - Limitation - CIRP could be initiated by filing an application u/s 7 or S.9 IBC, within 3 years from the date on which an application under those provisions of IBC could have first been made before NCLT even though right to sue may have accrued decades ago...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue of limitation is a mixed question of fact and law - Trial Court rightly deferred the issue of limitation to be considered after framing of issue and recording of evidence of parties - Application for rejection of plaint rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Ordinarily question of limitation is a mixed question of law and facts and therefore, ought to be adjudicated during trial - Plaint cannot be rejected...........
