Search Results for "Mixed question of law and fact"

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The importance of timeliness in filing suits and the legal barriers to pursuing claims decades after the cause of action has arisen, especially when there are clear statutory limitations like those under the Limitation Act.

The dismissal of a civil suit based on an application under Order VII Rule 11 of the Civil Procedure Code (CPC). The key points of this case revolve a...

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Full Bench Rules on Scope of Trial Court's Authority Under Section 9-A CPC. Trial Courts Cannot Partially Dispose of Suits in Preliminary Issues on Jurisdiction.

The Full Bench addressed whether a Trial Court, under Section 9-A of the Code of Civil Procedure, 1908 (CPC), can frame an issue that disposes of a su...

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Upholding Autonomy Amidst Settlement Disputes Exploring Legal Principles and Precedents in Arbitration Law

This Judgment pertains to a legal discussion surrounding arbitration under the Arbitration and Conciliation Act, 1996, particularly focusing on the re...

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Resolving Complexities in a Civil Suit for Partition. Limitation Issues, Res Judicata, and Legislative Amendments in Judicial Proceedings.

The legal dispute involving a civil suit for partition and related claims, focusing on the issue of limitation under Section 9-A of the CPC. It explor...

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Supreme Court Allows Appeal in Negotiable Instruments Act Case Against High Court's Quashing of Summoning Order. High Court Erred in Adjudicating Time-Barred Debt Issue at Summoning Stage Under Section 482 CrPC as Limitation is Mixed Question of Law and Fact Requiring Evidence.

The Supreme Court heard an appeal by the original complainant challenging the Delhi High Court's order that quashed a summoning order in a cheque dish...

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Supreme Court Dismisses Appeal in Limitation Dispute Over Alternative Plot Allotment. Concurrent Findings on Time-Barred Declaratory Suit Upheld Under Article 136 of Constitution, Applying Limitation Act 1963 Provisions to Determine Starting Point of Limitation.

The appeal arose from a civil suit filed by the appellants seeking declaratory reliefs regarding ownership of an alternative residential plot allotted...

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Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...