Search Results for "Limitation Act, 1908"

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Search Results for "Limitation Act, 1908"

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Supreme Court

Supreme Court Allows Appeal in Possession Suit Limitation Dispute — Article 64 Limitation Act, 1963 Applicable. High Court erred in holding suit within limitation based on earlier observation; limitation runs from date of dispossession, not from declaration of title.

27 Apr 2023

The present appeal arises from a long-standing property dispute. The appellants are the children of late Srinivas Shetty, who had executed a sale deed...

High Court

Bombay High Court Allows Execution Petition in Limitation Dispute — Decree Merger with Appellate Decree Determines Starting Point for Article 136 Limitation Act, 1963. Doctrine of merger applied to hold that limitation for execution runs from date of appellate decree, not trial court decree.

9 Mar 2010

The case involves a writ petition under Article 227 of the Constitution of India challenging an order of the executing court dismissing the petitioner...

High Court

Bombay High Court Dismisses Writ Petition Challenging Striking of Election Petition Paragraphs in Municipal Election Dispute. Court upholds that vague allegations of corrupt practices without specific details of consent by the returned candidate are liable to be struck off under Order VI Rule 16 CPC.

2 Aug 2011

The petitioner, Eknath Bayaji Gadkari, filed an election petition under Section 33(1) of the Mumbai Municipal Corporation Act, 1888, challenging the e...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Property Suit — Limitation and Cause of Action Are Triable Issues. Court holds that Order VII Rule 11 CPC application cannot be decided on disputed facts regarding knowledge of sale deeds and limitation.

9 Aug 2024

The Bombay High Court dismissed a Civil Revision Application filed by Defendant No.15 (M/s. Mahabharat Builders) challenging the trial court's order d...

High Court

High Court of Bombay Examines Application for Rejection of Election Petition Under Order VII Rule 11 CPC in Dispute Over Rejection of Nomination. Court Considers Whether Failure to Annex Separate List of Criminal Cases Constitutes Defect of Substantial Character to Uphold Rejection of Nomination Under Section 36(2)(b) of Representation of the People Act, 1951.

27 Apr 2011

The petitioner, Khalil Ahmed Shaikh Mannu Chaudhary, filed his nomination paper on 25 September 2009 for the Legislative Assembly Constituency No. 109...

High Court

Gujarat High Court Allows Revision Against Rejection of Application to Produce Additional Evidence in Suit for Redemption of Mortgage and Partition. The court held that additional evidence can be permitted at any stage if relevant for just adjudication, and that the trial court erred in rejecting the application solely on ground of delay under Section 115 of the Code of Civil Procedure, 1908.

5 Mar 2026

The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 arises from the rejection of an application at Exh. 20 i...

High Court

Bombay High Court Allows Amendment in Arbitration Application Under Section 9 of Arbitration Act — Petitioner Permitted to Amend Pleadings to Include Claim for Injunction Against Alienation of Partnership Property. Amendment under Order VI Rule 17 CPC allowed as it did not change nature of proceedings and was necessary to avoid multiplicity of litigation.

25 Nov 2014

The petitioner, Sanjay Suganchand Kasliwal, filed a writ petition challenging the rejection of his applications for amendment (Exh.35 and Exh.36) in a...

High Court

Bombay High Court Sets Aside Trial Court's Order on Court-Fees Valuation in Suit for Registration under Section 77 of Registration Act. Suit for Enforcement of Statutory Obligation Not Susceptible of Monetary Valuation, Governed by Section 6(iv)(j) of Bombay Court-fees Act, 1958, Not Section 6(xi).

5 Jul 2019

The petitioners, as plaintiffs, filed a suit in the Court of Civil Judge, Junior Division, Pune under Section 77 of the Registration Act, 1908, seekin...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Case — Limitation Bar Overcome by Continuous Readiness and Willingness. Suit for specific performance of agreement of sale dated 11.5.1989 held not barred by limitation under Article 54 of Limitation Act, 1963 as no date fixed for performance and plaintiff was ready and willing.

17 Dec 2014

The appellant-plaintiff, M/S Universal Associates Developers & Promoters, filed a suit for specific performance of an agreement of sale dated 11.5.198...

High Court

Bombay High Court Dismisses Second Appeals in Property Partition Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court held that no substantial question of law arose as the trial court and first appellate court had concurrently found that the suit property was joint family property and that the plaintiff had proved his share.

30 Dec 2020

The case involves four second appeals arising from a partition suit filed by the original plaintiff, Satchidanand S. S. Kacodkar (since deceased, repr...

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