March 2019

Adverse Possession—Defendant cannot take a plea of adverse possession against the co-owners in the absence of specific relief.

By | March 29th, 2019|Limitation Act|

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Adverse Possession—For claiming adverse possession there has to be a specific pleading with regard to the date, year and month of acquiring the ownership by way of adverse possession

By | March 28th, 2019|Limitation Act|

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February 2019

Limitation Act, 1963, S.5–Condonation of Delay—Delay of 1100 days in filing appeal–Delay not condoned as fact of case do not reflect exercise of good faith.

By | February 28th, 2019|Limitation Act|

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November 2018

Limitation Act, 1963, S.5–Condonation of Delay-Sufficient Cause-A litigant who is not vigilant and diligent renders himself ineligible to seek indulgence in exercise of discretionary jurisdiction of the Court even if he has sufficient cause

By | November 24th, 2018|Limitation Act|

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October 2018

Specific Relief Act, 1963, S.34–Suit for Recovery-Pronote-Limitation–New pronote or second pronote was in continuation of previous pronote–Once a partial payment was made and new pronote was executed for the remaining amount, the limitation cannot be counted from previous pronote

By | October 22nd, 2018|Limitation Act|

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May 2018

Limitation—Exclusion of Time—Until and unless there is the decision of the Court regarding la ck of jurisdiction, period spent cannot be excluded for the purpose of limitation.

By | May 21st, 2018|Limitation Act|

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March 2018

Limitation Act. 1963, -Acknowledgment of the payment should be made in the handwriting or in the writing signed by the person making payment.

By | March 2nd, 2018|Limitation Act|

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February 2018

Limitation—Period of adjudication of an application to file suit as indigent person is to be excluded for computing the period of limitation prescribed for the suit.

By | February 18th, 2018|Limitation Act|

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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|

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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|

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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|

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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|

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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|

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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|

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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|

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September 2017

Cognizance–Taking of–Bar of Limitation–The relevant date for deciding whether the complaint is barred by limitation is the date of the filing of complaint and not issuance of process or taking of cognizance by Court.

By | September 21st, 2017|Limitation Act|

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August 2017

Limitation Act, 1963, S.5– Condonation of Delay-Inordinate Delay-At every stage the authorities took months together in taking the decision

By | August 29th, 2017|Limitation Act|

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Entry of mutation would not give a right to the party for filing the suit, is essence, limitation would not reckon from the date of entry of mutation but it is only when the title is under cloud or possession is threatened-Limitation Act, 1963.

By | August 26th, 2017|Limitation Act|

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