CIVIL
LIMITATION CALCULATOR
Calculate the Limitation Period
Read moreIBC Section 7, consciously uses the expression “default” – not the date of notifying the loan account of the corporate person as NPA.
IBC Section 7, - Default - NPA - Ordinarily, upon declaration of the loan account/ debt as NPA that date...
Read moreCPC O. 6 R. 17 – Merely introducing a declaratory relief through the proposed amendment does not alter the nature of the suit. [ID 487774]
Civil Procedure Code, 1908 (V of 1908) Order 6 Rule 17 - Every amendment in the prayer clause does not...
Read moreAll the rules of procedure are the handmaid of justice.
Reference can be made to the observation made by Supreme Court in Kailash v. Nanhku 2005(4) SCC 480, wherein it...
Read moreCPC O. 39 R. 1 and 2 – Injunction restraining the petitioner from interfering with the respondent’s possession upheld. Petitioner’s claim of purchasing a share from a co-sharer rejected due to lack of evidence of possession by the co-sharer or the petitioner. Undivided shares can be sold but possession requires partition by metes and bounds. Injunction properly granted; petition dismissed. [ID 213901]
CPC O. 39 R. 1 and 2 - Injunction restraining the petitioner from interfering with the respondent's possession upheld. Petitioner's...
Read moreLease and Licence
Difference between a lease and licence
Read moreCPC O. 39 R. 1 & 2 – Injunction is an equitable relief – “He who seeks equity, must do equity’ – In the facts and circumstances of the case, it appears that the plaintiff has not come to the Court with clean hands and as such, no prima facie case is made out in his favour. [PLRonline 459764]
Get this document in PDF 2024-PLRonline-009Download 2024 PLRonline 459764 = (2024-2)214 PLR 448 (SN) PUNJAB AND HARYANA HIGH COURT...
Read morePunjab Land Revenue Rules 1909, Rules 16 and 17 – Appointment of Lambardar –
2016-PLRonline-0111-1Download PLR PLRonline Sukhjinder Pal Singh v. State of Punjab , 2016 PLRonline 0111 . PUNJAB AND HARYANA HIGH...
Read more[SC] Lambardar – Appointment of – Factors – Post is not a Government servant. [PLRonline #217102]
Mahavir Singh v Khiali Ram 2008 PLRonline 0206 (SC) (i)Punjab Land Revenue Act, 1887, Section 28 - Punjab Land...
Read moreSuit for declaration – Limitation – Article 58 of the Schedule to the Limitation Act 21 of 1963 prescribes three years limitation from the date of the order, to seek a declaration. [PLRonline]
Departmental Enquiry Conclusion: Proceedings dated 10-12-1981 resulted in stopping two increments with cumulative effect. Filing of Suit: Suit filed on...
Read moreLimitation to file a suit for declaration is three years.
Limitation to file a suit for declaration is three years. Relevant portion from the said judgment reads as under: -...
Read moreJudgment on Admissions – Order XII, Rule 6, Civil Procedure Code, 1908
Judgment on Admissions - Order XII, Rule 6, Civil Procedure Code, 1908 Overview Admissions of fact made in pleadings or...
Read moreMotor Vehicles Act S. 173(1) – LMV license allows driving vehicles, including bulldozers, under 7,500 kg – Insurer failed to prove the bulldozer’s weight exceeded 7,500 kg – Construction equipment vehicles are non-transport vehicles – Insurers cannot deny liability on technical grounds.[#ID 425761]
Licence to drive a light motor vehicle if its unladen weight is less than 7,500 kgs – Can drive a...
Read moreLimitation Act, 1963 S. 17 – Suit for recovery of earnest money – Limitation for recovering earnest money starts from contract non-performance or fraud discovery, not payment. Plaintiff proved fraud as the defendant had already sold the shops in question. PLRonline #2419302
limitation would start from the date of refusal of the execution of the agreement; as defined under the agreement; or...
Read moreCPC O. 9, R. 13, and S. 96 (2) – proforma defendant is included as a defendant because they have the same rights and interests in the suit property as the plaintiff – – If the plaintiff succeeds, the proforma defendant also succeeds, and if the plaintiff fails, the proforma defendant also fails. [ID# 3311206]
(i)Civil Procedure Code, 1908, Order 9, Rule 13, and Section 96 (2) Judgment and Decree Challenged: The judgment and decree...
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