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 Mortgage Redemption Dispute — Agreement Held to be Mortgage by Conditional Sale. Debtor-Creditor Relationship and Reconveyance Clause in Same Document Establish Mortgage Under Section 58(c) of Transfer of Property Act, 1882, Entitling Mortgagor to Redeem Within Limitation Period.

12 Sep 2019

The case involves a dispute over the nature of an agreement dated 29.04.1971 (Exhibit 52) between the plaintiffs (respondents) and defendant no.1 (app...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Bar of Limitation — Claim Under Section 7 IBC Held Time-Barred as Debt Arose Before 2006 and Application Filed in 2018. The court held that the Limitation Act applies to IBC proceedings and the application was filed beyond three years from the date of default.

2 Sep 2019

The Supreme Court allowed the appeal filed by M/s Radha Exports (India) Pvt. Limited against the judgment of the National Company Law Appellate Tribun...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Property Dispute — Suit Barred by Limitation Under Section 6 of Wakf Act, 1954. One-Year Limitation Period for Challenging Wakf Publication Cannot Be Extended by Notice Requirement Under Section 56.

30 Aug 2019

The appellant, Syed Zainul Abedeen, filed a suit under Section 6 of the Wakf Act, 1954, seeking a declaration that the property Mandarja Madnumber 14 ...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court Decree. Handwriting Expert Evidence Cannot Override Consistent Testimony of Attesting Witnesses and Corroborative Receipt of Earnest Money.

27 Aug 2019

The case involves a suit for specific performance of an agreement of sale dated 20.04.1993 for a house in Karimnagar. The plaintiff (appellant) allege...

Supreme Court

Supreme Court Upholds Removal of Employee Convicted of Theft While Under Suspension — Limitation Bar Applied for Delayed Challenge. The Court held that a removal order under Rule 19(i) of CCS (CCA) Rules is not a continuing wrong and delay of 13 years cannot be condoned without sufficient cause.

27 Aug 2019

The Supreme Court allowed the appeal filed by the All India Institute of Medical Sciences (AIIMS) against the judgment of the Delhi High Court, which ...

Supreme Court

Supreme Court Dismisses Lessee's Claim for Damages in Wild Life Sanctuary Case — No Right to Compensation Without Acquisition. Notification Under Section 18 of Wild Life (Protection) Act, 1972 Does Not Confer Right to Damages for Loss of Use.

20 Aug 2019

The Supreme Court dismissed the appeal filed by M/s Natesan Agencies (Plantations), a partnership firm, against the judgment of the Madras High Court ...

Supreme Court

Supreme Court Allows Municipal Corporation's Appeal in Property Tax Dispute — Civil Suit Barred by Statutory Remedy Under Delhi Municipal Corporation Act, 1957. The Court held that the remedy of appeal to the Municipal Taxation Tribunal under Section 169 is adequate and not onerous, thus excluding civil court jurisdiction.

19 Aug 2019

The case involves an appeal by the South Delhi Municipal Corporation (SDMC) against a Division Bench order of the Delhi High Court that set aside a Si...

Supreme Court

Supreme Court Allows Appeal by Municipal Corporation in Property Tax Dispute — Civil Suit Held Not Maintainable Due to Statutory Bar Under Delhi Municipal Corporation Act, 1957. The Court held that the Act provides a complete machinery for assessment and appeal, impliedly excluding civil court jurisdiction, and the Division Bench erred in remanding the matter without considering the finality clause under Section 171.

19 Aug 2019

The case involves a dispute between the South Delhi Municipal Corporation (SDMC) and M/s Today Homes and Infrastructure Pvt. Ltd. regarding the assess...

Supreme Court

Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

9 Aug 2019

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

Supreme Court

Supreme Court Allows State's Appeal in Land Title Dispute, Holds Res Judicata Not Applicable to Findings in Dismissed Suits. The State was not required to appeal findings in suits dismissed against it, and such findings do not bar the State from contesting the same issue in a related suit where a decree was passed against it.

9 Aug 2019

The Supreme Court considered appeals against a High Court order that dismissed the State's appeal in a land title dispute on grounds of res judicata. ...

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