Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was duly served as he himself signed copy of summon - Period of limitation therefore, would commence from date of decree and not from date of knowledge - Application U.O.9.R.13 CPC was filed beyond the period of limitation and no application for condonation of delay of 6 years was..........
Agreement to sell -- Specific performance - Agreement in question was executed as a security for repayment of loan - Date for execution of sale deed was extended despite plaintiff having paid more than 95% of sale consideration - Had it been true that parties actually intended to sell/purchase land and plaintiff had paid Rs.5,80,000 out of 6 lakhs without his being in..........
Limitation Act, 1963, Section 5, Succession Act, 1925, Section 388(2) - - Delay of 74 days in filing appeal u/s 388(2) of Succession Act - Appeal delayed due to ill advice of counsel - Application for condonation of delay is supported by an affidavit which was not controverted by non-applicants - Delay of 74 days condoned - Application allowed...........
Agreement to sell -- Suit for specific performance - Plea of limitation - Once there was an endorsement dated 23.09.1997 to the effect that defendant would intimate decision of pending case to plaintiff, thereafter, within one year from the date of intimation, plaintiff would get sale deed executed, limitation cannot be reckoned from 23.09.1997 - First appellate Court..........
Supreme Court Rules, 2013, Order 47, Rule 1 -- Review - Limitation in O.47.R.1 of Rules do not apply to review petitions arising judgments or orders passed in Writ Petitions filed u/art 32 of Constitution, as they do not fall within purview of civil and criminal proceedings...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Limitation to file complaint - Computation of period of limitation - For computing period of limitation u/s 142(b) of the Act, date when cause of action arose would be excluded...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Limitation to file complaint - Complaint filed within one month after excluding day when cause of action arose, it cannot be said that complaint is ex-facie barred by time provided u/s 142(b) of the Act...........
Limitation Act, 1963, Article 113 -- Limitation - Suit for specific performance - Suit land was subjected to acquisition - However, acquisition proceedings came to be quashed and set aside at the instance of plaintiff - Plaintiff thereafter served a legal notice upon defendants calling upon them to execute sale deeds, which came to be refused by reply notice and thereafter..........
Insecticides Act, 1968, Section 3(k)(i), 17, 18, 29, 33, Insecticides Rules, 1971, Rule 27(5) -- Quashing of complaint - Misbranded insecticides - Complaint after more than 6 years from the date when report of public analyst was received i.e. after expiry of period of limitation for taking cognizance - Continuance of proceedings based on such complaint would amount to..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 547 days in filing petition to set aside ex parte decree - False ground set up to condone delay of 547 days in filing petition to set aside ex parte decree - There is no sufficient cause to condone delay as sought for -..........
