Search Results for "Limitation Act"

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Search Results for "Limitation Act"

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Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit Under Specific Relief Act 1963 - Upholds Decree for Specific Performance Based on Plaintiff's Readiness and Willingness. The Court affirmed that time was not of the essence, discharge of mortgage was a condition precedent, and the plea under Order II Rule 2 CPC was not raised in the written statement and thus barred.

20 Jan 2022

The appeal arose from a judgment and order dated 7 January 2019 of a Single Judge of the High Court of Judicature at Madras, which dismissed the secon...

Supreme Court

Supreme Court Quashes High Court Order in Civil Appeal Due to Procedural Error in Remand and Directs First Appellate Court to Decide Delay Condonation and Merits. High Court Erroneously Set Aside Trial Court's Ex Parte Decree While Hearing Second Appeal Against Dismissal on Limitation Grounds, Contrary to Code of Civil Procedure, 1908, Section 96 and Appellate Procedure.

18 Jan 2022

The dispute originated from a suit for declaration and possession filed by the appellants (original plaintiffs) against the respondent (original defen...

Supreme Court

Supreme Court Dismisses Appeal in Consumer Dispute Over Limitation and Maintainability Under Consumer Protection Act 1986. Complaint Barred by Limitation as Cause of Action Arose When Municipal Authorities First Demanded Higher Charges, Not Continuing, and Not Maintainable as Appellant Not a Consumer Under Section 2(1)(d) for Property Tax and Water Services Provided by Municipal Authorities.

11 Jan 2022

The appeal originated from a judgment of the National Consumer Disputes Redressal Commission dated 3 December 2018, which dismissed a consumer complai...

Supreme Court

Supreme Court Sets Aside High Court Order Condoning Delay in Arbitration Challenge. Limitation Period Under Section 34(3) of Arbitration and Conciliation Act, 1996 Held Absolute and Not Extendable Beyond 30 Days.

16 Dec 2021

The appellant, Mahindra and Mahindra Financial Services Ltd., had provided a loan to the respondent, Maheshbhai Tinabhai Rathod, for purchase of tract...

Supreme Court

Supreme Court Upholds Validity of Relinquishment Deed Executed by Karta in Joint Hindu Family Property Case. Relinquishment deed executed by eldest male member as Karta is valid and binding on minor coparceners, and suit for declaration filed beyond limitation period is barred.

13 Dec 2021

The present appeal arises from a suit filed in 1994 by four younger sons of late M.C. Rudrappa seeking a declaration that a relinquishment deed dated ...

Supreme Court

Supreme Court Sets Aside Condonation of 1011 Days Delay in Filing Second Appeal — Gross Negligence and Lack of Sufficient Cause. Limitation Act Section 5 Requires Sufficient Cause for Entire Period of Delay; Unexplained Delay Cannot Be Condoned.

3 Dec 2021

The appellant, original plaintiff, filed a civil suit for permanent injunction which was dismissed by the Trial Court on 23.04.2016. The First Appella...

Supreme Court

Supreme Court Allows Appeal in Debt Recovery Case on Limitation Issue - Section 5 of Limitation Act, 1963 Not Applicable to Appeals Under Section 30 of Recovery of Debts due to Banks and Financial Institutions Act, 1993. The Court held that the legislative intent expressly excludes Section 5, making the 30-day appeal period non-condonable, and overruled the High Court's reliance on an earlier precedent.

24 Nov 2021

The dispute arose from an appeal filed by a bank against an order of the Recovery Officer under the Recovery of Debts due to Banks and Financial Insti...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Void Sale Deeds and Limitation Bar. Court Holds Sale Deeds Void for Lack of Consideration and Suits Within Limitation as Original Plaint Challenged Validity, Setting Aside High Court Order Under Limitation Act, 1963, Article 58 and Transfer of Property Act, 1882.

22 Nov 2021

The dispute arose between brothers Kewal Krishan (appellant) and Sudarshan Kumar (respondent) over joint ownership of properties acquired in 1976. In ...

Supreme Court

Supreme Court Dismisses Union of India's Appeal in Arbitration Interest Dispute, Upholding Arbitrator's Award. Contractual Clause Barring Interest on Specific Deposits Does Not Prohibit Arbitrator from Awarding Pendente Lite and Future Interest Under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996.

18 Nov 2021

The dispute originated from a contract between the Union of India and Manraj Enterprises for three work contracts, leading to arbitration. The sole ar...

Supreme Court

Supreme Court Allows Liquidator's Appeal on Limitation Grounds in Insolvency Proceeding. Limitation period under Section 61 of the Insolvency and Bankruptcy Code, 2016 runs from the date the order is made available, not from pronouncement, applying Section 420(3) of the Companies Act, 2013 and Rule 50 of the National Company Law Tribunal Rules, 2016 for free copies.

22 Oct 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dated 13 July 2020, which dismissed the appellant's appeal as ...

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