Limitation Act, 1963, Section 18, Insolvency and Bankruptcy Code, 2016, Section 7 -- Limitation - Application u/s 7 of Code - S.18 of Limitation Act is applicable to application filed u/s 7 of Code...........
Insolvency and Bankruptcy Code, 2016, Section 7, Limitation Act, 1963, Section 18 -- Application u/s 7 of Code - Limitation - Acknowledgment of debt - Application u/s 7 of Code is filed beyond period of three years from date of default - However, Corporate debtor acknowledged the amount outstanding against him - Since such acknowledgement had taken place within initial..........
Criminal Procedure Code, 1973, Section 468 -- Limitation - Computing of period of limitation - Relevant date for purpose of computing period of limitation u/s 468 Cr.P.C is `date of filing of complaint or institution of prosecution' and not the date on which Magistrate takes cognizance - Expression `date of institution' would also include within its ambit institution of..........
Criminal Procedure Code, 1973, Section 468 -- Limitation - Computing of period of limitation is date of institution of prosecution - Complainant cannot be non-suited for any subsequent delay in taking cognizance, issuing process or any other action contemplated under law for which the informant/complainant has no control...........
Mutation -- Mutation proceedings are summary in nature - No right or title is created - Revenue entries are only for collection of revenues from person whose name is entered in the records - Title can only be seen in a regular suit filed for declaration and not in a writ petition which arises out of a summary proceedings...........
Civil Procedure Code, 1908, Order 8, Rule 6C -- Separation of counter claim from main suit - Such an application can be filed by plaintiff only and that too before framing of issues...........
Civil Procedure Code, 1908, Order 8, Rule 6A, 6C -- Separation of counter claim from main suit - Claim and counter claim is regarded as a unified proceeding and the same is to be disposed of by a singular judgment, both on the original claim and on the counter claim - However, U.O.8.R.6-C, Court has power to exclude the counter claim and order defendant to file an..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration and injunction without seeking relief of partition and possession is maintainable, as plaintiff has approached the Court with a claim that he is co-sharer and co-sharer are presumed to be in possession of entire property - Cause of action is very well shown in the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether disputed property is ancestral property or not is a question of fact and needs appreciation - Suit cannot be dismissed U.O.7.R.11 CPC on such disputed question of fact...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Trial Court recorded the finding that application U.O.7.R.11 CPC can only be allowed when from bare perusal of plaint, no cause of action for institution of suit is made out - Finding calls for no interference...........
