Specific Relief Act, 1963, Section 34 -- Declaratory suit of title - Not barred so long as plaintiffs right to such property is a subsisting one - Right to bring declaratory suit - A continuing right so long as right to property is subsisting - Limitation Act, Article 58...........
Hindu Adoptions and Maintenance Act, 1956, Section 18(2)(d), Limitation Act, 1963, Article 58, 105 -- Maintenance - Right to maintenance is a constant right and once it has started it accrues de die in diem till happening of any determining event - For start of the period of limitation the time runs when the right is first denied, that is when there is a formal and final..........
Telegraph Act, 1885, Section 7B(2) -- Arbitration award - STD barred but bill for STD calls - Arbitrator's award that it is possible to make STD calls from such telephone - Subscriber not put on notice that it is possible to make STD calls from STD barred telephone - No evidence let in to prove that STD barring circuit was not functioning during relevant period - Absence..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - After due date suit for permanent injunction filed - Suit got dismissed without seeking permission to file suit for specific performance or for recovery of earnest money - Second suit filed for recovery of earnest money and liquidated damages - Held, subsequent suit is barred...........
Capital of Punjab (Development and Regulation) Act, 1952, Section 10(4) -- Revision time barred (by 3 years and 8 months) - Plea that Advocate did not appear before Appellate Authority at the time of final decision - Cannot be a ground to overlook delay of almost 4 years - Dismissal of revision petition as barred by limitation - No reason to upset the finding...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - LIC policy - Death of insured - Suit for mandatory injunction filed seeking a direction to the Corporation to release the insured amount against the policy - Amendment of plaint sought to convert the suit into one for recovery of money alongwith interest - Recovery of money becoming barred by time -..........
Bail -- Second Bail application - Where a bail application was dismissed because it was not pressed and it was not dismissed on merits, the subsequent bail application is not barred...........
Land Acquisition Act, 1894, Section 28A -- Redetermination of award - Written application to be made within three months from the date of award of reference Court - Such claimant would be entitled to same compensation awarded by reference Court - Application made beyond three months is time barred - Compensation granted by Collector on basis of time barred application is..........
Limitation Act, 1963, Section 14(2) -- Application U.O.21.R.90 dismissed as time barred - Exclusion of time for subsequent application under S.47 CPC - Not available - Cannot be taken to be a case of the Court being unable to entertain the application from defect of jurisdiction or other cause of a like nature - It is a case where Court had jurisdiction but judgment debtor..........
Agreement to sell -- Limitation - Vendor under agreement filing suit for possession of property under agreement - Amounts to denial of existence of agreement by vendor - Cause of action for suit for specific performance starts from date of vendors suit for possession - Notice issued by plaintiff purchaser after vendor's suit was decreed - Does not stop limitation from..........
