December 2019

November 2019

Article 100 of the Limitation Act, cannot be a sole ground for refusal as the expression “other than a suit” cannot come in the way of the petitioner-Further, relief can be moulded under 0.7 R.7 CPC.

By | November 27th, 2019|Limitation Act|

Comments Off on Article 100 of the Limitation Act, cannot be a sole ground for refusal as the expression “other than a suit” cannot come in the way of the petitioner-Further, relief can be moulded under 0.7 R.7 CPC.

Mortgage—Limitation for Redemption—In the absence of any time-line, there is no limitation for seeking redemption of the land, the suit can not be thrown out on account of limitation

By | November 25th, 2019|Limitation Act|

Comments Off on Mortgage—Limitation for Redemption—In the absence of any time-line, there is no limitation for seeking redemption of the land, the suit can not be thrown out on account of limitation

Specific Relief Act, 1963, S.34-Suit for Declaration-Right to Title~The limitation would not be a impediment for claiming the right to the title and can be invoked only when there is threat to the possession or title.   

By | November 24th, 2019|Limitation Act|

Comments Off on Specific Relief Act, 1963, S.34-Suit for Declaration-Right to Title~The limitation would not be a impediment for claiming the right to the title and can be invoked only when there is threat to the possession or title.   

October 2019

Limitation—Framing of Issue—Trial Court failed to frame a specific issue, would not debar appellate Court from holding the suit to have been filed beyond limitation

By | October 16th, 2019|Limitation Act|

Comments Off on Limitation—Framing of Issue—Trial Court failed to frame a specific issue, would not debar appellate Court from holding the suit to have been filed beyond limitation

Suit for Possession—Right of Pre-emption—Once the delivery of possession was admitted, limitation would start running from that date and not from the date of registration of the sale deed

By | October 16th, 2019|Limitation Act|

Comments Off on Suit for Possession—Right of Pre-emption—Once the delivery of possession was admitted, limitation would start running from that date and not from the date of registration of the sale deed

Withdrawal of Suit—Issue of Limitation—While granting permission to withdraw the suit as wrong remedy of filing said suit was availed and granting liberty to file a fresh suit; it cannot be directed fresh suit should not be barred on account of limitation to file such suit

By | October 9th, 2019|Limitation Act|

Comments Off on Withdrawal of Suit—Issue of Limitation—While granting permission to withdraw the suit as wrong remedy of filing said suit was availed and granting liberty to file a fresh suit; it cannot be directed fresh suit should not be barred on account of limitation to file such suit

Adverse Possession—Suit for Ownership—If a person has remained in possession for a long time, claiming documentary title to a property but eventually is unable to prove that title, he can also take an alternative plea of having been in adverse possession Adverse Possession—Revenue Records—In a plea of adverse possession, presumption of truth attached to record of rights is not to be considered

By | October 9th, 2019|Limitation Act|

Comments Off on Adverse Possession—Suit for Ownership—If a person has remained in possession for a long time, claiming documentary title to a property but eventually is unable to prove that title, he can also take an alternative plea of having been in adverse possession Adverse Possession—Revenue Records—In a plea of adverse possession, presumption of truth attached to record of rights is not to be considered

September 2019

August 2019

Acknowledgment of Debt—Once income tax deducted at source on the accrued interest is deposited by the defendant, it is also an acknowledgment of the amount payable Acknowledgment of Debt—Twin Requirement—It has to be before the expiration of the prescribed period of limitation for filing a suit or application and has to be in writing signed by the party against whom such property or right is claimed.

By | August 25th, 2019|Limitation Act|

Comments Off on Acknowledgment of Debt—Once income tax deducted at source on the accrued interest is deposited by the defendant, it is also an acknowledgment of the amount payable Acknowledgment of Debt—Twin Requirement—It has to be before the expiration of the prescribed period of limitation for filing a suit or application and has to be in writing signed by the party against whom such property or right is claimed.

Acknowledgment of Debt—Once income tax deducted at source on the accrued interest is deposited by the defendant, it is also an acknowledgment of the amount payable Acknowledgment of Debt—Twin Requirement—It has to be before the expiration of the prescribed period of limitation for filing a suit or application and has to be in writing signed by the party against whom such property or right is claimed.

By | August 4th, 2019|Limitation Act|

Comments Off on Acknowledgment of Debt—Once income tax deducted at source on the accrued interest is deposited by the defendant, it is also an acknowledgment of the amount payable Acknowledgment of Debt—Twin Requirement—It has to be before the expiration of the prescribed period of limitation for filing a suit or application and has to be in writing signed by the party against whom such property or right is claimed.

March 2019

February 2019

November 2018

October 2018

May 2018

March 2018

February 2018

December 2017