Category: Limitation

Limitation Act, 1963 – Articles 2, 3, 22 and 113 – Civil Procedure Code, 1908 (CPC) – Order 7 Rules 11 an 11(d) – Rejection of plaint – Barred by law of limitation HELD having noticed from the averments in the plaint that the right to sue accrued to the appellant on receiving letter from the Senior Manager, dated 8.5.2002, and in particular letter dated 19.9.2002, and again on firm refusal by the respondents vide Advocate’s letter dated 23.12.2003 in response to the legal notice sent by the appellant on 28.11.2003; and once again on the follow up legal notice on 7.1.2005, the plaint filed in February, 2005 would be well within limitation – Appeal allowed.

  SUPREME COURT OF INDIA FULL BENCH SHAKTI BHOG FOOD INDUSTRIES LTD. — Appellant Vs. THE CENTRAL BANK OF INDIA AND ANOTHER — Respondent ( Before : A.M. Khanwilkar, Indira…

Limitation Act, 1963, Section 12(2) — Limitation — Computation of — Exclusion of time for required obtaining certified copy — Courts are obliged to compute limitation on basis of endorsement as contained in certified copy — If there is any suspicion of unfair and/ or improper practice, remedy lies in initiating domestic inquiry or may be criminal investigation against concerned staff of Court responsible  for supply  of certified copies.    

2020(1) Indian Civil Cases 635 (S.C.) SUPREME  COURT  OF INDIA Before :– INDIRA BANERJEE & M.R. SHAH, JJ. Petition for Special Leave to Appeal (C) No.24862 of 2019 Decided on…

Land Acquisition Act, 1894 – Sections 4, 48(1) and 30 – Transfer of Property Act, 1882 – Sections 111 and 106 – Limitation Act, 1963 – Articles 65, 66 and 67 – Suit for possession – Limitation – HELD Appellants-plaintiffs have claimed possession from the defendant alleging him to be the tenant and that he had not handed over the leased property after determination of the lease – Therefore, such suit would fall within Article 67 of the Limitation Act.

  SUPREME COURT OF INDIA DIVISION BENCH NAND RAM (D) THROUGH LRS. & ORS. — Appellant Vs. JAGDISH PRASAD (D) THROUGH LRS. — Respondent ( Before : L. Nageswara Rao…

Wild Life (Protection) Act, 1972 – Limitation Act, 1963 – Section 14 – Acquisition – Term of lease – After issuance of the notification dated 06.03.1976 and inclusion of the subject land therein, there was no occasion for the appellant acquiring any further right in the land after expiry of the term of lease on 30.06.1977 and hence, the alleged second lease for a period of 25 years was of no effect;

SUPREME COURT OF INDIA DIVISION BENCH M/S. NATESAN AGENCIES (PLANTATIONS) — Appellant Vs. STATE REP. BY THE SECRETARY TO GOVT. ENVIRONMENT AND FOREST DEPARTMENT — Respondent ( Before : Uday…