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PUNJAB AND HARYANA HIGH COURT

Year of decision: 2004
Details

Limitation Act, 1963, Section 18 -- Acknowledgment - In a subsequent transaction - Amounts to acknowledgement provided recital is clear about the intention to admit the jural relationship...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2004
Details

Limitation Act, 1963, Section 18 -- Acknowledgment - Recital in a document can be treated as acknowledgement if a clear intention is expressed that the money was due under the mortgage and mortgagor had a subsisting right of redemption...........

SUPREME COURT OF INDIA

Year of decision: 2004
Details

Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, Section 4(2), Limitation Act, 1963, Section 5, 29(2) - - Limitation - Condonation of delay - Whether the Special Court constituted under the Act of 1992 has power to condone the delay in filing a petition u/S.4(2) of the Act? - Held that the provisions of the Limitation Act, 1963 has no..........

RAJASTHAN HIGH COURT

Year of decision: 2004
Details

Motor Vehicles Act, 1988, Section 166(3) -- Accident - Claim petition filed after 10 years of accident - Period of limitation having been deleted by the Amending Act, claim petition has to be entertained without taking note of the date of accident...........

SUPREME COURT OF INDIA

Year of decision: 2004
Details

Limitation Act, 1963, Article 136, Civil Procedure Code, 1908, Section 48(1) -- Execution of decree - Limitation - What would be the date from which a decree becomes enforceable for execution thereof within the meaning of Article 136 or the 1963 Act - Held that all decrees, be it original or the appellate, are enforceable - Once a decree is sought to be enforced for the..........

SUPREME COURT OF INDIA

Year of decision: 2004
Details

Limitation Act, 1963, Article 64, 65 -- Suit for declaration and possession filed in 1955 - Defendant alleged to have taken forcible possession in 1949 - Defendants however claimed to be in possession since 1928 - Courts below found plaintiff to be owner but had lost title as defendants had perfected their title by adverse possession - No evidence that predecessors of..........

SUPREME COURT OF INDIA

Year of decision: 2004
Details

Limitation Act, 1963, Section 5 -- Consumer Protection Act, 1986 - 29 days delay in filing Revision - Sufficient cause disclosed for condoning delay - Order dismissing revision by not condoning delay set aside and matter remitted to be disposed of on merits in accordance with principles laid down by Supreme Court in Balbir Singh's case...........

NATIONAL DELHI CONSUMER DISPUTES REDRESSAL COMMISSION,

Year of decision: 2004
Details

Consumer Protection Act, 1986, Section 24A -- Limitation - Condonation of delay - Oral prayer - Proviso to Sub-section (2) of Section 24-A pre-supposes the disclosure of cause which is to be examined while recording reason for condoning/not condoning the delay in question - The District Forum could not have legally condoned the delays on oral prayer made during the course..........

SUPREME COURT OF INDIA

Year of decision: 2004
Details

Limitation Act, 1963, Article 136 -- Decree - Execution - Limitation - 12 years - In case of amendment of decree enforceability of decree shall commence from the date the decree is amended...........

SUPREME COURT OF INDIA

Year of decision: 2004
Details

Limitation Act, 1963, Article 136 -- Decree - Execution - Limitation - Decree passed in 1973 and execution filed in 1973 - Proceedings closed and adjourned sine die due to Tamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1975 came into force and continued till Act No.10 of 1978 came into force and provided for scaling down of debts obtained by Agriculturists -..........

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