Search Results for "Limitation Act"

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Supreme Court Reverses High Court Order Permitting Counter-Claim in Property Dispute -- Counter-Claim After Issues Framed and Against Co-Defendant Held Not Maintainable Under CPC

The Supreme Court reversed the High Court of Gujarat's order that permitted defendant no. 2 to amend his written statement and file a counter-claim in...

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Supreme Court Allows Execution of Perpetual Injunction Decree Despite Earlier Satisfaction Recorded in Execution Proceedings. Satisfaction in prior EP does not bar fresh EP for subsequent breach; perpetual injunction decree has no limitation under Article 136 Limitation Act, 1963.

The Supreme Court allowed appeals by the decree-holders, Saraswati Devi and others, against the dismissal of their execution petition by the High Cour...

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Supreme Court Dismisses Appeal in Cooperative Society Redevelopment Case on Jurisdiction and Limitation Grounds. Civil Court Maintainability Upheld Under Section 91 of Maharashtra Cooperative Societies Act, 1960, and Suit Found Within Limitation with Possible Section 14 Benefit.

The dispute arose from a redevelopment project involving a Cooperative Society registered under the Maharashtra Cooperative Societies Act, 1960. The r...

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Supreme Court Allows Appeal in Title Suit Over Land Dispute, Reversing High Court on Requirement to Challenge Sale Deed. Plaintiff Established Title Through Valid Gift Deed Under Muslim Law, Making Subsequent Sale Deed Void Ab Initio and Unnecessary for Cancellation Under Code of Civil Procedure, 1908.

The dispute involved a title suit over land where the appellants, as legal heirs of the original plaintiff, claimed ownership through a registered gif...

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Supreme Court Quashes High Court Order in Civil Appeal Under Article 227 of Constitution of India. High Court Exceeded Jurisdiction by Setting Aside Ex-Parte Decree Without Examining Sufficient Cause Under Order IX Rule 13 CPC and by Acting as Appellate Court.

The appeal arose from a High Court judgment dated 1 May 2024 allowing a writ petition under Article 227 of the Constitution of India filed by the resp...

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Supreme Court Allows Appeal in Plaint Rejection Case Under Order VII Rule 11 CPC on Limitation Grounds. Suit for Declaration of Will and Codicil as Null and Void Held Barred by Limitation Under Article 58 of Limitation Act, 1963, as Right to Sue First Accrued on Date of Will Execution.

The dispute involved a civil suit filed by the plaintiff, son of deceased Pramod Kesurdas Sanghavi, against his sisters and a nephew as defendants, se...

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Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

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Supreme Court Dismisses Appeals in Insolvency Case Due to Limitation and Mis-statements. NCLAT's Refusal to Condon Delay Upheld as Appellant Failed to Apply for Certified Copies and Made Contradictory Assertions Under Section 61 of Insolvency and Bankruptcy Code, 2016.

The appeals arose from an order dated 18.01.2024 passed by the National Company Law Appellate Tribunal (NCLAT), which dismissed appeals preferred by t...