December 2019

Limitation Act, 1963, Art. 110–Suit for Declaration-Exclusion from joint/ancestral property—Limitation to file suit where a person is ousted from ancestral property would be 12 years as per Article 110, thus, Article 58 would not apply.

By | December 1st, 2019|Limitation Act|

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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|

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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|

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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|

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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|

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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|

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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|

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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|

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September 2019

Limitation—Suit for Ownership—Suit filed in 2007 laying challenge to the sale deed executed in 1988—Knowledge of execution of sale deed was admitted in 1995—Held; Provision of Article 58 of Limitation Act would apply, instead of Article 59—Suit held to be rightly barred by limitation—Specific Relief Act, 1963, S.34.

By | September 13th, 2019|Limitation Act|

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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|

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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|

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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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