Search Results for "Limitation Act, 1908"

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High Court of Bombay at Goa Dismisses Civil Revision Against Rejection of Plaint in Mining Rejects Dumping Suit. Limitation and Jurisdiction Objections Not Decided at Preliminary Stage Under Order 7 Rule 11 CPC as Plaint Disclosed Continuing Cause of Action and Civil Court Jurisdiction.

The respondent, Gurudas G. Pai, filed Special Civil Suit No.34/2011/A before the Civil Judge, Senior Division, Bicholim, against the petitioner, Ms. S...

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Supreme Court Sets Aside High Court Order Condoning Delay in Arbitration Challenge. Limitation Period Under Section 34(3) of Arbitration and Conciliation Act, 1996 Held Absolute and Not Extendable Beyond 30 Days.

The appellant, Mahindra and Mahindra Financial Services Ltd., had provided a loan to the respondent, Maheshbhai Tinabhai Rathod, for purchase of tract...

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Supreme Court Allows Contractor’s Claim for Enhanced Rates in Construction Contract Despite Limitation Defence. Suit for Enhanced Rates Held Governed by Residuary Article 120 of Limitation Act, 1908, Not by Article 56 or 115.

The Government of India invited tenders for reinforced concrete work at Sindri Fertilizer Factory. The appellant company's tender was accepted on Nove...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Disturbed. Suit for Declaration of Ownership and Injunction Dismissed as Barred by Limitation and Failure to Prove Possession.

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment and decree of the District Court, which affirmed ...

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Bombay High Court Holds Appeals Under Section 384 of Indian Succession Act Against Orders of Civil Judge, Senior Division Lie to District Court, Not High Court. The Court interpreted Section 384 strictly, limiting High Court's appellate jurisdiction to orders of District Judges only.

The Bombay High Court considered two appeals challenging orders passed by Civil Judges, Senior Division on applications under Section 372 of the India...

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High Court of Karnataka Dismisses Revision Petition in Suit for Permanent Injunction — Upholds Trial Court's Refusal to Reopen Evidence After Plaintiff's Side Closed. Court Held That Order 18 Rule 17 CPC Cannot Be Used to Fill Gaps in Evidence or to Remedy Negligence of Party.

The petitioner, Sri P. Ramaprasad, was the plaintiff in O.S. No. 231/2019 pending before the XIX Additional City Civil and Sessions Judge, Bangalore C...