October 2018

May 2018

March 2018

February 2018

December 2017

V IMP : Specific Relief Act, 1963, S.20–Agreement to Sell-Specific Performance- Starting of limitation–Past payment towards sale consideration accepted after stipulated date of execution of agreement

By | December 28th, 2017|Limitation Act, Specific Performance|

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Limitation Act, 1963, S.14–Exclusion of Period-Perusing of a criminal remedy cannot bring the civil suit within the provision of S.14 of Limitation Act.

By | December 13th, 2017|Limitation Act|

Comments Off on Limitation Act, 1963, S.14–Exclusion of Period-Perusing of a criminal remedy cannot bring the civil suit within the provision of S.14 of Limitation Act.

Damages—Fatal Accident—Suit filed by petitioner for personal damages due to murder of her husband—Limitation to file suit for damages is two years from the date of death of victim.

By | December 4th, 2017|Limitation Act|

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Limitation Act, 1963, S.5-Condonation of Delay-Delay in filing the appeal or revision cannot and shall not be mechanically considered and in the absence of sufficient cause delay shall not be condoned.

By | December 2nd, 2017|Limitation Act|

Comments Off on Limitation Act, 1963, S.5-Condonation of Delay-Delay in filing the appeal or revision cannot and shall not be mechanically considered and in the absence of sufficient cause delay shall not be condoned.

November 2017

Agreement to Sell—Specific performance— Limitation—instituted a suit for injunction -the very same relief would have been brought in the earlier suit on amendment held to be barred by limitation and also by O.2 R.2 CPC

By | November 25th, 2017|Limitation Act|

Comments Off on Agreement to Sell—Specific performance— Limitation—instituted a suit for injunction -the very same relief would have been brought in the earlier suit on amendment held to be barred by limitation and also by O.2 R.2 CPC

Objections—Limitation—Appellant is a Company/Association having a board of directors, it cannot be considered to be part of state government and it has a separate private panel of lawyers

By | November 25th, 2017|Limitation Act|

Comments Off on Objections—Limitation—Appellant is a Company/Association having a board of directors, it cannot be considered to be part of state government and it has a separate private panel of lawyers

Condonation of Delay—Delay of 242 days in filing first appeal—Explanation furnished not wholly unacceptable, even if there are some omissions—Delay is not inordinate, nor have any third party rights come—Delay condoned.

By | November 12th, 2017|Limitation Act|

Comments Off on Condonation of Delay—Delay of 242 days in filing first appeal—Explanation furnished not wholly unacceptable, even if there are some omissions—Delay is not inordinate, nor have any third party rights come—Delay condoned.

A registered document cannot be set aside by Registering Officer or any other mode except civil suit– If the aggrieved party has any grievance, he has to avail the civil remedy-As per the provisions of the Limitation Act, if any registered document is required to be cancelled and set aside, the limitation is three years

By | November 8th, 2017|Limitation Act, Registration Act|

Comments Off on A registered document cannot be set aside by Registering Officer or any other mode except civil suit– If the aggrieved party has any grievance, he has to avail the civil remedy-As per the provisions of the Limitation Act, if any registered document is required to be cancelled and set aside, the limitation is three years

Bar to Suit—Suit for partition with respect to joint property is based on continuing cause of action, as such the suit for partition could not be said to be barred by Order 2 Rule 2 CPC. Adverse Possession—Starting point of limitation would not be the date of death of female owner as she was full owner but would be date of suit of adverse possession otherwise.

By | November 2nd, 2017|Limitation Act|

Comments Off on Bar to Suit—Suit for partition with respect to joint property is based on continuing cause of action, as such the suit for partition could not be said to be barred by Order 2 Rule 2 CPC. Adverse Possession—Starting point of limitation would not be the date of death of female owner as she was full owner but would be date of suit of adverse possession otherwise.

September 2017

August 2017

July 2017

Limitation Act, 1963, Article 136—Execution of decree—Starting pointing of Limitation– If an appeal had been preferred in a higher court against the 1st decree, the 2nd decree, even if disposed of otherwise than on merits will be considered as the starting point of limitation

By | July 22nd, 2017|Limitation Act|

Comments Off on Limitation Act, 1963, Article 136—Execution of decree—Starting pointing of Limitation– If an appeal had been preferred in a higher court against the 1st decree, the 2nd decree, even if disposed of otherwise than on merits will be considered as the starting point of limitation

Limitation Act, 1963, S.5—Condonation of Delay—Delay of 268 days in filing LPA—-explanation is totally vague, evasive and misleading–LPA dismissed.

By | July 19th, 2017|Limitation Act|

Comments Off on Limitation Act, 1963, S.5—Condonation of Delay—Delay of 268 days in filing LPA—-explanation is totally vague, evasive and misleading–LPA dismissed.

Limitation Act, 1963, Article 65—Adverse Possession—There is no limitation prescribed for seeking possession on the basis of title.

By | July 17th, 2017|Limitation Act|

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June 2017