CIVIL
Limitation Act – State – Public interest
Limitation Act, S. 5 - State - Public interest - It is true that when the State and its instrumentalities...
Read moreLimitation Act and Public interest
Limitation Act, S. 5 - Public interest - Dragging the landlosers to courts of law years after the termination of...
Read moreStatutes of limitation – Meant to see that the parties do not resort to dilatory tactics but avail their legal remedies promptly.
Limitation - Statutes of limitation are sometimes described as “statutes of peace”. An unlimited and perpetual threat of limitation creates...
Read moreLimitation – “interest reipublicae ut sit finis litium”
Tilokchand Motichand v. H.B Munshi 1969 2 SCR 824 Court observed that this principle is based on the maxim “interest reipublicae...
Read moreObject of law of limitation
Rajender Singh v. Santa Singh 1973 2 SCC 705 has observed: (SCC p. 712, para 18) “18. The object of law...
Read morePolicy of the Limitation Acts
Halsbury's Laws of England, 4th Edn., Vol. 28, p. 266, Para 605, the policy of the Limitation Acts is laid...
Read moreLimitation Act S. 5 – Requires consideration of all relevant facts and it is at this stage the diligence of the party or its bona fides may fall for consideration
Ramlal v. Rewa Coalfields Ltd. AIR 1962 SC 361 Court held that: (AIR pp. 363-65) “In construing Section 5 of the Limitation...
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Limitation Act, Section 5 – A bar of limitation may be considered even if such plea has not been specifically raised.
Limitation Act, Section 5 - A bar of limitation may be considered even if such plea has not been specifically...
Read moreLimitation Act S. 5 – Court cannot straightway dismiss the plea simply on the score that such a plea is ignoble
Limitation Act, Section 5 - Court observed that they were not inclined to hold that the delay in presenting the...
Read moreLimitation Act S. 5 – false stand to get rid of the bar of limitation should not be encouraged
Limitation Act, Section 5 - A party taking a false stand to get rid of the bar of limitation should...
Read moreCPC O. 7 R. 11 – Power can be exercised by the Court at any stage of the suit – Averments in the written statement as well as the contentions of the defendant are wholly immaterial while considering the prayer of the defendant for rejection of the plaint.
CPC , 1908 (V of 1908) - O. 7 R. 11 - Rejection of plaint - Power under Order VII...
Read moreConsumer Protection Act – Bailable warrants are to be issued as a last resort
Consumer Protection Act - Bailable warrants - Bailable warrants are to be issued as a last resort and only in...
Read moreLand Records Manual – Para 89A, 89B, 102B
Reading of the aforesaid provisions makes it clear that if any entry is made in PA-10, the same shall be...
Read moreSTAMP ACT, 1899 S. 49, 50
S. 49, 50 - Refund 12. From the law noticed above, the legal position that emerges is as follows: (i)...
Read moreLimitation Act Art. 37 & S. 18—Default in payment of loan
Art. 37 & Sec. 18—Default in payment of loan The period for the purposes of limitation for institution for the...
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