Search Results for "civil suit limitation"

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Search Results for "civil suit limitation"

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High Court

Bombay High Court Dismisses Petitioner's Challenge to Rejection of Plaint and Amendment in Specific Performance Suit — Consent Decree Not Binding on Third Party. Plaint Disclosed Cause of Action and Limitation Was a Mixed Question of Fact and Law.

17 Apr 2026

The petitioner, Bharat Mulji Khona, was the defendant in a suit for specific performance filed by M/s. Fiza Construction Company (respondent no.1) see...

Supreme Court

Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

7 Aug 2019

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

High Court

High Court Dismisses Judgment-Debtors' Revision and Upholds Dismissal of Execution Petition as Time-Barred Under Article 136, Limitation Act, 1963. Limitation for Execution Commences from Date of Decree Despite Pendency of Appeals Without Stay, and Doctrine of Merger Does Not Postpone Enforceability for Purposes of Limitation.

13 Jul 2006

The litigation arose from a transaction in which the petitioners (original defendants) had borrowed money from the father of the respondent, allegedly...

High Court

Bombay High Court Dismisses Suit for Non-Compliance with Section 69 of Indian Partnership Act and Bar of Res Judicata. Suit by unregistered partnership firm held not maintainable; subsequent suit for same cause of action without withdrawing earlier suit also barred.

6 May 2005

The plaintiff, Jayesh Pandya, a real estate broker, conducted business under the name 'Pandya & Shah Associates', which was an unregistered partnershi...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case: Limitation Period Not Extended by IBC Moratorium for Corporate Debtor's Own Application. Section 60(6) of IBC does not exclude limitation period for corporate debtor to file Section 11(6) application under Arbitration Act.

6 May 2022

The Supreme Court considered an appeal by the New Delhi Municipal Council (NDMC) against an order of the Delhi High Court appointing an arbitrator und...

High Court

High Court Dismisses Civil Revision Application Challenging Rejection of Plaint Under Order VII Rule 11 CPC. The court upheld the Trial Court's decision, finding that objections based on Order II Rule 2 CPC, want of cause of action, and limitation require evidence and trial, not summary rejection under Order VII Rule 11 of the Code of Civil Procedure, 1908.

24 Apr 2026

The dispute arose from a development agreement and subsequent sale deed concerning 32 plots in Latur. The plaintiff, a co-owner, entered into a develo...

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...

Supreme Court

Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

22 Mar 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

High Court

Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

4 Mar 2014

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...

High Court

Bombay High Court Dismisses Civil Revision Against Refusal to Reject Plaint Under Order VII Rule 11 CPC — Cause of Action and Limitation Issues Require Trial. The court held that the plaint, read in its entirety, discloses a cause of action and is not barred by limitation, and the trial court correctly refused to reject the plaint.

15 Feb 2010

The case involves a civil revision application filed by the applicants (defendants in the original suit) against an order dated 21st April 2009 passed...

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