Search Results for "Limitation Act, 1908"

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Bombay High Court Dismisses Revision Against Trial Court's Order on Preliminary Issues in Property Suit Between Sisters. Court Holds That Valuation and Limitation Are Mixed Questions of Law and Fact Requiring Trial, Not Preliminary Determination.

The case involves a civil revision application filed by the original defendant, Smt. Archana Randaye, against an order of the trial court dated 3rd Ma...

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Supreme Court Allows Appeal in Limitation Dispute, Remands Suit for Trial on Merits. Issue of limitation cannot be decided as preliminary issue under Order XIV Rule 2 CPC when facts are disputed and require evidence.

The appellant, M/s Mongia Realty and Buildwell Private Limited, instituted a suit against the respondent, Manik Sethi, on 31 March 2017 under Order 37...

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Bombay High Court Dismisses Civil Revision Application Against Rejection of Plaint Under Order VII Rule 11 CPC in Suit for Specific Performance and Declaration of Title. Limitation Issue Held to Be Mixed Question of Fact and Law Requiring Trial.

The present Civil Revision Application (CRA) was filed by Defendant No.9 (the applicant) impugning an order dated 10.04.2023 passed by the Trial Court...

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Bombay High Court Dismisses Review Petition in Central Excise Appeal — No Power to Review Under Section 35G of Central Excise Act, 1944. Section 35L of the Act Bars Application of CPC Provisions on Review, Hence Review Petition Not Maintainable.

The petitioner, VIP Industries Ltd., filed a review petition before the Bombay High Court seeking review of an earlier order that dismissed its applic...

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Supreme Court Dismisses Appeal Against Compromise Decrees Passed Without Appointment of Representatives Under U.P. Court of Wards Act. Section 56 of the U.P. Court of Wards Act, 1912, Held to be Directory and Not Mandatory, Validating the Compromise Decrees.

The dispute arose from two cross-suits between the appellant, proprietor of Ganeshpur Estate, and the respondent, proprietor of Ramnagar Estate, conce...

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High Court of Karnataka Dismisses Civil Revision Petition Challenging Rejection of Plaint Rejection Application in Suit for Declaration and Injunction Regarding Public Property. Order 7 Rule 11 CPC Application Rejected as Plaint Disclosed Cause of Action and Was Not Barred by Law.

The petitioners-defendants filed a civil revision petition under Section 115 CPC challenging the order dated 29.09.2023 passed by the Senior Civil Jud...