December 2017

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|

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

June 2017

Condonation of delay—Framing of Issues—If, prima facie, the sufficient ground pleaded by the petitioner to condone a long delay does not appeal to the reasons, there will be no necessity to waste the time of the Court in framing the issues and to record the evidence.

By | June 25th, 2017|Limitation Act|

Comments Off on Condonation of delay—Framing of Issues—If, prima facie, the sufficient ground pleaded by the petitioner to condone a long delay does not appeal to the reasons, there will be no necessity to waste the time of the Court in framing the issues and to record the evidence.

Land Holdings—Revision—Exercise of suo-motu power by the Financial Commissioner after 11 years of passing order cannot said to be reasonable and legally sustainable.

By | June 6th, 2017|Limitation Act|

Comments Off on Land Holdings—Revision—Exercise of suo-motu power by the Financial Commissioner after 11 years of passing order cannot said to be reasonable and legally sustainable.

Limitation—Exclusion of Time—Both due diligence and good faith must be established. Limitation—Exclusion of Time—Nothing shall be deemed to be done in good faith which is not done with due care and attention.

By | June 1st, 2017|Limitation Act|

Comments Off on Limitation—Exclusion of Time—Both due diligence and good faith must be established. Limitation—Exclusion of Time—Nothing shall be deemed to be done in good faith which is not done with due care and attention.

April 2017

March 2017

Appeal—Delay in Refilling— Even if appeal was filed within a period of limitation, delay in refilling as such cannot be condoned as a matter of right. Appeal—Delay in Refilling—Total period provided for the completion of the re-filing process is 40 days under the Rules and in the absence of the any satisfactory explanation the appeal is liable to be dismissed.

By | March 31st, 2017|Limitation Act|

Comments Off on Appeal—Delay in Refilling— Even if appeal was filed within a period of limitation, delay in refilling as such cannot be condoned as a matter of right. Appeal—Delay in Refilling—Total period provided for the completion of the re-filing process is 40 days under the Rules and in the absence of the any satisfactory explanation the appeal is liable to be dismissed.