Agreement to sell -- Suit for specific performance - Limitation - Cause of action first time arose in 1975 when defendant refused to execute sale deed - Suit for specific performance to be filed within three years from such cause of action as per Art.54 of the Act - However, neither such suit was filed by plaintiff nor any sufficient explanation was given by plaintiff for..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 180 days in filing first appeal - Bonafide reasons - Matter was to be examined by various departments of DDA before filing an appeal - Ultimately decision was taken by Chief Legal Advisor and immediately thereafter appeal was filed - First appeal is a matter of right and there should have been at least..........
Specific Relief Act, 1963, Section 34 -- Suit claiming joint ownership on basis of natural succession - Inheritance never remains in abeyance - Plaintiffs deemed to be in possession of every inch of joint land - Plea of defendant that suit filed by plaintiffs is barred by limitation for their failure to challenge mutation within period of 3 years from date of its sanction,..........
Insecticides Act, 1968, Section 24(4) -- Insecticide - Sample found misbranded - Re-analysis of second sample - Such right extends to accused and complainant - Person from whom sample was taken, the right to raise an objection is circumscribed by requiring him to indicate his intention to do so within 28 days of the receipt of the copy of the report - However, no such..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1155 days in filing appeal - Delay occurred due to file of case kept moving between various offices and thereafter there was delay in preferring appeal - No uncondonable negligence on the part of applicant as good faith and bonafides do not appear to be wanting - Moreover, Court cannot turn away its sight..........
Income Tax Act, 1961, Section 158BE(2) -- Time-limit for completion of Block assessment - Computation of time limitation - Operative period of interim stay order which affects completion of block assessment has to be excluded for purpose of computing limitation period u/s.158BE(2) of the Act...........
Partition suit -- Joint Hindu Family property - Plea of limitation - Where properties were joint Hindu Family properties and defendant No.3 claiming some share in the properties on the basis of adoption, which is void, he could not defend the matter by saying that suit was not within limitation from the date of adoption - Suit, held, not barred by limitation...........
Court Fees Act, 1870, Section 7(iv) -- Court fees - Suit for declaration - Relief of possession not sought as plaintiff claiming himself to be in possession - Plaintiff to value the relief of declaration u/s 7(iv) of the Act and there is no need for an ad valorem Court fee on a valuation of suit property. (Para 4) Civil Procedure Code, 1908, O.7.R.11 - Rejection of plaint..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to seek relief of specific performance and mandatory injunction - Trial of suit not commenced, as issues not yet framed - By incorporating relief of specific performance no new case is introduced, as suit instituted is based on contractual obligations of..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Limitation - Crucial date for computing the period of limitation is the date of filing of complaint or initiating criminal proceedings and not the date of taking cognizance by Magistrate...........
