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 Land Encroachment Case, Upholding Demolition and Possession Decree. Concurrent findings of ownership and encroachment were not interfered with under Article 136 of the Constitution, and Section 51 of the Transfer of Property Act, 1882 was held inapplicable as the appellant failed to establish being a transferee with bona fide belief.

2 Feb 2023

The dispute originated from a civil suit filed by the respondent (plaintiff) for possession of land measuring 11 Biswancies and demolition of structur...

Supreme Court

Supreme Court Allows Legal Representatives' Appeal in Provincial Small Cause Courts Act Case Due to Subsequent Deposit of Damages. Application Under Order IX Rule 13 CPC for Setting Aside Ex Parte Decree Maintainable After Full Compliance with Section 17 of Provincial Small Cause Courts Act, 1887 Regarding Deposit of Arrears, Costs, and Damages.

2 Feb 2023

The appeal arose from a civil suit for recovery of arrears of rent and ejectment filed by the respondent as owner against the defendant, who was a ten...

Supreme Court

Supreme Court Dismisses Operational Creditor's Appeal in Insolvency Case Due to Limitation and Pre-existing Dispute. Application Under Section 9 of Insolvency and Bankruptcy Code, 2016 Barred as Cause of Action Accrued in 2011-2012 and Dispute Over Gas Supply Existed, Excluding Suspension Period Under Sick Industrial Companies (Special Provisions) Act, 1985 Not Applicable.

4 Jan 2023

The appeal arose from the dismissal of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 by the National Company Law Tribunal...

Supreme Court

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.

29 Sep 2022

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

Supreme Court

Supreme Court Dismisses Appeal in Insolvency Limitation Dispute, Upholding NCLAT's Remand for Admission After Notice. The Court held that limitation for applications under Sections 7 and 9 of the Insolvency and Bankruptcy Code, 2016 runs from the date of default, not the Code's enforcement, and delay can be condoned under Section 5 of the Limitation Act, 1963 upon showing sufficient cause.

19 Sep 2022

The appeal arose from a dispute between M/s Tech Sharp Engineers Pvt. Ltd. (appellant/corporate debtor) and Sanghvi Movers Limited (respondent/operati...

Supreme Court

Supreme Court Reverses High Court Decree for Specific Performance in Property Sale Agreement Dispute. The Court held that specific performance cannot be granted for contracts dependent on third-party actions and that the High Court erred in not properly framing substantial questions of law under Section 100 of the Code of Civil Procedure, 1908.

13 Sep 2022

The dispute arose from a suit for specific performance of an agreement of sale dated 19.06.1993 concerning immovable property. The respondent-plaintif...

Supreme Court

Supreme Court Allows Appeal in Arbitration Award Challenge Due to Improper Delay Condonation and Inadequate Merits Examination. The Court Held That Short Delay in Filing Objections Under Section 34 of Arbitration and Conciliation Act, 1996 Should Have Been Condoned and Remanded for Fresh Consideration on Merits Including Limitation Issues.

30 Mar 2022

The dispute arose from a construction contract dated 6 July 1998 between Haryana Urban Development Authority, Karnal, and M/s. Mehta Construction Comp...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Appellate Tribunal's Failure to Consider Evidence on Limitation. Matter Remanded to NCLAT for Fresh Consideration of Acknowledgment Under Section 18 of Limitation Act, 1963 in Context of Section 9 Insolvency and Bankruptcy Code, 2016 Application.

29 Mar 2022

The dispute arose from an operational creditor's application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against a corporate debtor fo...

Supreme Court

Supreme Court Allows Municipal Committee's Appeal in Land Auction Case Due to Lack of Confirmation. Highest Bidder Acquires No Enforceable Right to Sale Deed Without Confirmation by Deputy Commissioner Under Haryana Municipalities Management of Municipal Properties and State Properties Rules, 1976.

29 Mar 2022

The dispute arose from a civil suit for mandatory injunction filed by the respondent-plaintiff against the Municipal Committee, Barwala, seeking execu...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

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