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Category: Limitation Act

Limitation Act

Arbitration—Award—Objections—Statutory period of limitation expired during summer vacations—Same was filed on first day of opening— ‘Sufficient cause’has been given

March 10, 2020 phlaw
Limitation Act

Condonation of Delay—Sufficient Cause—Appellant due to her poverty could not arrange for fee to engage counsel cannot be ground in itself to condone the delay in filing appeal

March 2, 2020 phlaw
Limitation Act

Wakf Property—Plea of Adverse Possession is not maintainable against a wakf property

March 2, 2020 phlaw
Limitation Act

Allotment of Plot—Even if order of resumption is not legal and valid but that was required to be challenged within period of limitation Suit for Declaration—Void Orders—Has to be challenged within limitation period

January 2, 2020 phlaw
Limitation Act

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.

December 1, 2019 phlaw
Limitation Act

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.

November 27, 2019 phlaw
Limitation Act

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

November 25, 2019 phlaw
Limitation Act

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.   

November 24, 2019November 24, 2019 phlaw
Limitation Act

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

October 16, 2019 phlaw
Limitation Act

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

October 16, 2019 phlaw

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