Search Results for "civil suit limitation"

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Bombay High Court Considers Notice of Motion for Rejection of Plaint in Trust Suit Under Order VII Rule 10A CPC. The Court Examines Whether Non-Compliance with Order VII Rule 10A CPC and Limitation Bar the Freshly Filed Suit.

The matter arose from a Notice of Motion taken out by defendant no.7 in a trust dispute suit pending before the Bombay High Court. The plaintiff claim...

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Bombay High Court Dismisses Suit as Barred by Res Judicata and Limitation in Will Execution Dispute. Prior US Surrogate Court decree and delay in filing render suit not maintainable under Section 11 CPC and Limitation Act, 1963.

The suit was filed by Jaswinder Paul Batra, Brinder Batra, and Sunaina Batra (plaintiffs) against Neeru Batra, Baljit Singh, ING Vysya Bank Ltd., and ...

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Bombay High Court Dismisses Suit by Condominium Against Developer for Declaration of Rights Over Adjoining Plots as Barred by Limitation. Claims for Easement and Right of Way Held Time-Barred Under Articles 25, 65, and 113 of Limitation Act, 1963.

The Plaintiffs, Beach Towers Condominium and its President, filed a suit in 2012 seeking declarations that they have a right of way and easement over ...

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Bombay High Court Dismisses Revision Against Rejection of Order 7 Rule 11 Application in Suit for Recovery — Limitation is a Mixed Question of Fact and Law Not Decided at Threshold. Plaint Averments Show Cause of Action Arose in 2010, Suit Filed Within Three Years, Not Barred by Limitation.

The applicants (original defendants) filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the order ...

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High Court of Bombay Considers Application for Rejection of Plaint in Suit Alleging Unauthorized Alienation of Joint Family Property by Father. Limitation Period Under Section 109 of Limitation Act, 1963 Raised as Defence.

The matter arises from an Interim Application filed by Defendant No.1, Mantri Building Condominium, seeking rejection of the plaint under Order VII Ru...

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Bombay High Court Dismisses Admiralty Suits as Time-Barred Under Limitation Act. Claims for Loss of Vessel and Cargo Filed Beyond Three-Year Limitation Period from Date of Vessel's Sinking.

The judgment concerns two admiralty suits filed in the Bombay High Court. Admiralty Suit No.3 of 2011 was filed by the time charterer of the vessel 'N...

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High Court Dismisses Second Appeal Challenging Limitation in Sale Deed Challenge; Suit for Declaration of Sale Deed as Null and Void Found Time-Barred Under Article 60 of Limitation Act, 1963 as Plaintiff Failed to File Within Three Years of Attaining Majority

The plaintiff filed a suit in 1999 seeking a declaration that a sale deed executed by his parents in 1989 in favour of the defendants was null and voi...

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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...