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Bombay High Court Dismisses First Appeal Against Limitation Dismissal of Temple Rights Suit. Court Holds Section 10 of Limitation Act Inapplicable as Suit Seeks Declaration and Injunction, Not Possession of Trust Property.

The Bombay High Court, Aurangabad Bench, heard a first appeal preferred by the original plaintiffs against the dismissal of their trust suit by the Di...

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Bombay High Court Allows Writ Petition Challenging Dismissal of Execution Application for Arbitral Award on Limitation Grounds. Execution of Arbitral Award is Governed by Article 137 of Limitation Act, 1963, Not Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Mahindra & Mahindra Financial Services Ltd., had granted a loan of Rs.3,95,000 to respondent No.1 for purchasing a tractor, with respo...

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Supreme Court Allows Appeal in Copyright Infringement Suit — Suit Barred by Limitation Under Article 58 of Limitation Act, 1963. Cause of Action First Arose in 1995 When Plaintiffs Had Knowledge of Defendants' Claims, Not in 2003 When Notice Was Issued.

The Supreme Court allowed the appeal filed by the defendant (M/s. Zee Telefilms Ltd., now Zee Entertainment Enterprises Ltd.) against the judgment of ...

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Bombay High Court Dismisses Writ Petition Challenging Auction Notice Under Income Tax Act — Limitation Period Under Rule 68B Computed from Date of Dismissal of SLP, Not from High Court Judgment.

The petitioner, M/s Rambilas Gulabdas (HUF), filed a writ petition challenging an auction notice dated 18.11.2004 issued by the Tax Recovery Officer u...

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Bombay High Court Allows Claim Petition Beyond Limitation in Motor Accident Case — Tribunal Has Power to Entertain Delayed Claim After Omission of Section 166(3). The Court held that the omission of Section 166(3) does not affect pending claims and the Tribunal retains inherent power to condone delay.

The petitioner, Kum. Jyoti Manohar Shetye, a socially engaged citizen employed with the Bombay Port Trust, participated in a bicycle ride from Mumbai ...

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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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Bombay High Court Frames Preliminary Issue of Limitation in Partition Suit Over Property Bequeathed by Will. Plaintiffs Claim Share in Villa Bemvinda and Challenge Development Agreement After Probate Was Granted and Revocation Petition Dismissed.

The dispute arose over Villa Bemvinda, a property in Bandra, Mumbai, originally owned by Andrew D'Cunha. He executed a will on 20.2.1971 bequeathing t...