Limitation Act, 1963
Limitation Act Art. 59 – Limitation to set aside an instrument or decree or for cancellation of the same is 03 years counted from the date of knowledge – Plaint, reveals that it is totally silent as to when the plaintiff-appellant came to know of the said alleged fraud – Dismissed. [PLRonline 476650]
(2023-1)209 PLR 065 PUNJAB AND HARYANA HIGH COURT Before: Mrs. Justice Alka Sarin. OM PARKASH @ SATPAL – Appellant, Versus...
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Decree – Setting aside exparte decree – Knowledge – applicant must have knowledge not merely that a decree has been passed by some Court against him, but that a particular decree has been passed to against him in a particular Court in favour of a particular person for a particular sum. [1967 PLRonline 0001 (SC)]
Limitation Act Art. 164 “(4) In Pundlick Rowji v. Vasantrao Madhavrao, (1909) 11 Bom LR 1296 Davar, J., held that...
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Service matter – Vigilance Commissioner’s report which formed part of the report of the enquiry and which was taken into consideration by the disciplinary authority was not supplied to the employee – Omission has vitiated the order of dismissal – Limitation Act. [1994 SupremeCourtOnline 0007]
Mohd. Quaramuddin (dead) By LRs. v. State of AP, 1994 SupremeCourtOnline 0007, 1994(5) SCC 118]. SUPREME COURT OF INDIA Before:-...
Read morePunjab Co-operative Societies Act, 1961, Sections 55 and 56 – Limitation Act, 1963 Section – 3 Cooperative society allotting a flat to its member – Provisions of ‘1963 Act’ are not applicable to the initiation of arbitration proceedings – Proceedings before an arbitrator is not a suit, appeal or application, therefore, Section 3 of the ‘1963 Act’ has no application to arbitration proceedings of the present case. [ID 322702]
2014 PLROnline 0211 PUNJAB AND HARYANA HIGH COURT Before:- Paramjeet Singh, J. The Chandigarh Pepsu Cooperative House Building - Petitioner...
Read moreLimitation Act, S. 18 – Acknowledgment, if any, has to be prior to the expiration of the prescribed period for filing of the suit, and if the limitation has already expired it would not revive under S. 18.[SupremeCourtOnline ID 142258 (SC)]
Limitation Act (36 of 1963) S. 18 --- Acknowledgement --- Should be before expiry of prescribed period of filing suit....
Read moreArbitratration Award – Ineligibility of Arbitrator – Unilateral appointment of an arbitrator without the consent of the other party(ies) – Cannot be executed. [(2023-2)210 PLRIJ 001]
Full Judgment for Online Subscribers (Click to subscribe) (2023-2)210 PLRIJ 001 (Del.) Delhi High Court Before: Justice Vibhu Bakhru, Justice Amit...
Read moreLimitation – Sale deed was executed when plaintiff allegedly was minor – School certificate – Not relied – No mention of date when the alleged fraud took place. Dismissed. [ID 416550]
Limitation Act, 1963 Article 59. Sale deed was executed when the plaintiff was allegedly a minor. The plaintiff attempted to...
Read moreExecution – Limitation – Filed after 12 years.. [PLRonline 114800]
LogIn required to read judgment: Click here 1987 SupremeCourtOnline 0003 (PLRonline 114800) SUPREME COURT OF INDIA ( Before : Sabyasachi...
Read moreLimitation Act, S. 5 – Appeal by government – Delay of more than 4 years
State of Bihar through District Magistrate v. Suchit Halwai, 2017 PLRonline 0207 Supreme Court of India J. Chelameswar J. ,...
Read moreLimitation ActS. 5 – Sufficient cause – Substantial justice – Every day’s delay must be explained
1. Ordinarily a litigant does not stand to benefit by lodging an appeal late. 2. Refusing to condone delay can...
Read moreDoctrine of merger – Does not make a distinction between an order of reversal, modification or an order of confirmation passed by the appellate authority. [SCeJ 212701]
LogIn required for accessing Judgment There can only be one operative decree governing the same subject-matter at a given point...
Read moreAdverse possession – Public use – Adverse possession – In such cases, on the land reserved for public utility, it is desirable that rights should not accrue. [PLRonline 203208]
Adverse possession - Public use - Property dedicated to public use - In the statute of limitation no rights can...
Read moreLimitation Act, Art. 58 and 72 – Suit for declaration, mandatory inunction and seeking direction to appellants to initiate and complete acquisition proceedings in respect of plaintiff’s land. (PLRonline 427601)
LogIn to read FULL TEXT/ Download STATE OF HIMACHAL PRADESH v. CHANDERVIR SINGH NEGI, 2023 SCeJ 0116, 2023 PLRonline 427601...
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Limitation – If a suit is based on multiple causes of action, the period of limitation will begin to run from the date when the right to sue first accrues
Limitation Act, 1963, Art.58 - Limitation - If a suit is based on multiple causes of action, the period...
Read moreLimitation Act S. 5, 14 – Acceptance of explanation furnished should be the rule and refusal an exception, when no negligence or inaction or want of bona fides can be imputed to the defaulting party
Limitation Act, 1963 (36 of 1963), Section 5, 14 - The condition precedent for condonation of the delay in filing...
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