Limitation Archives - Page 10 of 10 - Supreme Court of India Judgements

May 18, 2026 4:11 pm

Adverse Possession— Once the plaintiff proves his title, the burden shifts to the defendant to establish that he has perfected his title by adverse possession.

Apr 12, 2017 sclaw

2007(2) LAW HERALD (SC) 1452 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 6195 of 2000…

Limitation

Adverse possession—A person who bases his title on adverse possession must show by clear and unequivocal evidence that his possession was hostile to the real owner and amounted to denial of his title to the property claimed.

Apr 12, 2017 sclaw

2007(2) LAW HERALD (SC) 1446 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 5846 of…

Limitation

Condonation of delay of 971 days in filing appeal—Delay properly explained and was rightly condoned

Apr 10, 2017 sclaw

2007(2) LAW HERALD (SC) 1393 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 1576…

Limitation

Wakf Act, 1995 – Sections 6 and 83(a) – Wakf of property – Suit for declaration – Limitation –

Apr 9, 2017 sclaw

(2005) 1 JT 67 : (2005) 1 SCC 741 : (2005) 1 SCR 1 SUPREME COURT OF INDIA ABDUL RAIS AND OTHERS — Appellant Vs. MADHYA PRADESH WAKF BOARD…

Corporate Limitation

Common Carrier—Non delivery of consignment—No liability to pay freight charges—Entire cost of consignment to be paid by carrier.

Apr 8, 2017 sclaw

2007(2) LAW HERALD (SC) 1020 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice R. V. Raveendran Civil Appeal No. 3096…

Limitation

Adverse Possession— Adverse possession or ouster is an inference to be drawn from the facts proved. Adverse Possession—He has to plead the period and the date from which he claims to be in possession—He has to show a hostile title to the real owner of land.

Apr 8, 2017 sclaw

2007(2) LAW HERALD (SC) 1006 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S. H. Kapadia Civil Appeal No.…

Limitation

Limitation Act, 1963 – Article 58 – Words and phrases – “Cause of action first arisen” – The cause of action shall be taken to arise not from the date of original adverse order but on the date when the order of the higher authority where a statutory remedy

Apr 7, 2017 sclaw

AIR 1990 SC 10 : (1989) 43 ELT 790 : (1989) 59 FLR 631 : (1989) 3 JT 530 : (1989) 2 SCALE 510 : (1989) 4 SCC 582…

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State Laws

[MPID Act, S. 2(c) & 2(d)] – Amounts advanced with promise of return and interest qualify as “deposit” accepted by “financial establishment” under the Act. – Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 Section 2(c) and Section 2(d) — Deposit and Financial Establishment — Amounts advanced to individuals with promise of repayment with interest constitute a “deposit” under Section 2(c) and the recipients are “financial establishments” under Section 2(d) of the MPID Act, irrespective of the transaction being termed as a “loan” — The nomenclature of the transaction is not determinative; the essential attributes of the transaction are key.

May 17, 2026 sclaw

Bhartiya Nagrik Suraksha Sanhita Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 432 — Constitution of India, 1950 — Article 72 & 161— Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 473 & 477 — Premature release of a prisoner — Rejection of recommendation — Non-speaking order — Order rejecting premature release must provide reasons and reflect due application of mind — Absence of reasons renders the order bald and impossible to ascertain if relevant factors were considered — Violates principles of natural justice and frustrates judicial review.

May 17, 2026 sclaw

Constitution

[Central Sales Tax Act, 1956, S. 3] – No State can levy VAT on inter-State sales; taxation power for inter-State trade vests exclusively with the Union. – Constitution of India, 1950 — Article 269 — Taxes on sale or purchase of goods in the course of inter-State trade or commerce — Levied and collected by Union but assigned to States — Parliament’s power to formulate principles for determining when such sale/purchase takes place — State legislature’s power restricted to intra-State sales.

May 17, 2026 sclaw

C P C

Civil Procedure Code, 1908 (CPC) — Order 15 Rule 5 — Striking off defence for non-deposit of rent — This is a drastic consequence and the power to strike off a defence is not to be exercised mechanically — The court must consider whether there has been substantial compliance and whether the default is wilful or contumacious. [

May 17, 2026 sclaw

Category: Limitation

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