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

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.

February 2017

January 2017

December 2016

Will—Execution of—Mere production of the indexes of the register of the Sub Registrar will not prove the execution of the will.Adverse Possession—Mere possession for howsoever length of time does not result in converting the permissive possession into adverse possession or abandonment of title.

By | December 23rd, 2016|Limitation Act, Specific Relief Act, Will|

Comments Off on Will—Execution of—Mere production of the indexes of the register of the Sub Registrar will not prove the execution of the will.Adverse Possession—Mere possession for howsoever length of time does not result in converting the permissive possession into adverse possession or abandonment of title.