Search Results for "four year limitation"

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Search Results for "four year limitation"

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High Court

Bombay High Court Rejects Plaint in Property Suit as Barred by Limitation — Failure to Disclose Cause of Action Within Three Years of Knowledge of Alleged Fraud Leads to Rejection Under Order VII Rule 11(d) CPC. The court held that the plaintiff's knowledge of the alleged fraud in 2015 or earlier triggered the limitation period under Article 58 of the Limitation Act, 1963, and the suit filed in 2021 was beyond the prescribed period.

18 Jul 2022

The plaintiff, Ramesh Mali, filed a suit seeking declaration and injunction in respect of certain properties originally owned by his deceased father, ...

High Court

High Court of Karnataka Dismisses Official Liquidator's Claim Against KPTCL in Company Application Under Section 446(2)(b) of Companies Act, 1956 — Claim Barred by Limitation Under Section 458A. The court held that the claim for recovery of dues was filed beyond the extended limitation period, as the amounts became due on 6.10.2002 and the application was filed on 11.9.2008, even after excluding the period from the date of winding up petition (2.9.2002) to the winding up order (3.8.2004).

23 Jun 2015

The Official Liquidator of M/S. NGEF Ltd. (in liquidation) filed an application under Section 446(2)(b) of the Companies Act, 1956, seeking recovery o...

High Court

Bombay High Court Dismisses Arbitration Petition Challenging Award Rejecting Claim for Unauthorised Transactions in Stock Broker Account. Court upholds arbitral finding that claim was barred by limitation and lacked merit due to acknowledgments of contract notes.

26 Jun 2014

The petitioner, a constituent of the respondent stock broker, filed an arbitration petition challenging an award dated 7th January 2011 that rejected ...

High Court

Bombay High Court Allows Appeal in Arbitration Delay Case — Section 14 of Limitation Act Applicable to Section 34 Applications. Supreme Court Precedent in Consolidated Engineering Enterprises v. Principal Secretary, Irrigation Department Held Binding, District Judge's Order Condoning Delay Restored.

20 Aug 2013

The case involves a Letters Patent Appeal filed by the Defence Estate Officer against the judgment of a learned Single Judge of the Bombay High Court....

High Court

Bombay High Court Partially Allows Section 34 Petition Against Arbitral Award Rejecting Counterclaims as Time-Barred. Court holds that limitation for counterclaims arising from same transaction as main claim is governed by Article 1 of Limitation Act, 1963, and that the arbitral tribunal erred in applying a strict three-year period from the date of termination without considering the continuing breach and the date of final bill.

1 Oct 2012

The petitioner, Rolta India Limited, filed two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an in...

High Court

Bombay High Court Quashes Order Treating Indian Subsidiary as Agent of Non-Resident Parent for Capital Gains Assessment Due to Limitation Bar. Assessment Proceedings Against Representative Assessee Under Section 163 of Income Tax Act, 1961 Invalid as Notice Issued Beyond Two-Year Period from End of Relevant Assessment Year, Mandated by Section 149(3).

30 Nov 2011

The petitioner, an Indian company formerly part of the Tech Pacific group, was acquired by Ingram Micro Inc. through a share purchase agreement involv...

High Court

Bombay High Court Quashes Criminal Case Under UAPA Due to Limitation Bar — Charge-sheet Filed Beyond Three-Year Period Without Condonation. Offence under Section 10 of Unlawful Activities (Prevention) Act, 1967 punishable with up to two years imprisonment; cognizance barred under Section 468 CrPC as charge-sheet filed over five years after offence.

30 Jun 2010

The applicant, Khalid Akhtar Abdul Latif Ahemi, filed a criminal application under Section 482 CrPC seeking to quash Regular Criminal Case No.325/2007...

High Court

KAHC010062672020_1

16 Mar 2023

This regular second appeal arose from a dispute concerning agricultural land bearing Sy.No.10/1 measuring 2 acres 3 guntas at Kundarasanahalli Village...

High Court

Bombay High Court Dismisses Suit for Declaration and Injunction in Share Dispute Due to Limitation and Lack of Urgency. Plaintiff's claim for declaration of share ownership and rectification of register barred by limitation under Article 58 of Limitation Act, 1963 as cause of action arose in 1998 but suit filed in 2008.

16 Mar 2017

The plaintiff, Messer Holdings Limited, a company incorporated in British Virgin Islands, filed a suit in 2008 seeking a declaration that it is the ow...

High Court

Bombay High Court Allows Second Appeal in Rectification of Sale Deed Case — Directs Execution of Rectification Deed for Survey Number Correction. Court holds that a suit for rectification of a registered sale deed is maintainable even after 20 years, as the mistake was discovered only upon mutation application, and the defendants failed to specifically deny the claim.

5 Oct 2023

The plaintiff purchased a property measuring 520 sq. mtrs. vide registered sale deed dated 26.12.1977 from defendants no.1 and 3 to 6. The suit proper...

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