Limitation Archives - Page 8 of 9 - Supreme Court of India Judgements

February 23, 2025 8:13 am

O.21 R.1- Execution of Decree-Limitation–Execution of preliminary decree for Partition-Till partition is carried out and final decree is passed, there is no question of any limitation

Nov 19, 2017 sclaw

(2017) AIR(SCW) 2447 : (2017) 3 AIRJharR 336 : (2017) AIR(SC) 2447 : (2017) AllSCR 1073 : (2017) 4 AndhLD 160 : (2017) DNJ 425 : (2017) 3 ICC 241…

Cr P C Limitation

Cognizance–Taking of–Bar on–Limitation–Cruelty to wife–The court can invoke Section 473 Cr.P.C. and can take cognizance of an offence after expiry of the period of limitation keeping in view the nature of allegations, the time taken by the police in investigation and the fact that the offence of cruelty is a continuing offence and affects the society at large. Quashment–The High Court should not go into the merits and demerits of the allegations simply because the petitioner alleges malus animus against the author of the FIR or the complainant.

Oct 29, 2017 sclaw

2008(1) Law Herald (SC) 101 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice G.S. Singhvi Criminal Appeal No. 1708 of 2007…

Limitation

Execution of decree–Limitation–Out come of proceedings of mense profit would not come in way of execution of decree and execution not to be kept in abeyance because of that.

Oct 18, 2017 sclaw

2007(5) LAW HERALD (SC) 4104 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 5323…

Limitation

Cognizance–Taking of–Bar of Limitation–The relevant date for deciding whether the complaint is barred by limitation is the date of the filing of complaint and not issuance of process or taking of cognizance by Court.

Sep 21, 2017 sclaw

2007(5) LAW HERALD (SC) 3960 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Tarun Chatterjee Criminal Appeal No. 942 of 2007…

Limitation

Declaratory Suit–Adverse Possession–Limitation–Suit decreed by Courts below–High Court reversed the suit on basis of question of limitation only–Matter remanded to decide both the questions.

Sep 1, 2017 sclaw

2007(5) LAW HERALD (SC) 3744 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 6616 of…

Limitation

Declaratory suit–Limitation would not commence unless there has been a clear and unequivocal threat to the right claimed by the plaintiff.

Aug 30, 2017 sclaw

2007(5) LAW HERALD (SC) 3714 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4803 of…

Limitation

Property Tax–Determination of–Date of order made–Not correct that the date of the order ‘made’ in terms of Section 126(4) of the Act should be taken to be the date when the same was communicated to the assessee and not the one when it was signed.

Jul 31, 2017 sclaw

2007(5) LAW HERALD (SC) 3506 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 3303 of…

Limitation

Limitation—Exclusion of Time—Both due diligence and good faith must be established. Limitation—Exclusion of Time—Nothing shall be deemed to be done in good faith which is not done with due care and attention.

Jun 1, 2017 sclaw

2016(5) Law Herald (P&H) 3748 (SC) : 2016 LawHerald.Org 2355 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Kurian Joseph The Hon’ble Mr. Justice Rohinton Fali…

Limitation

Limitation Act, 1963 – Article 137 – Limitation – Suit for distribution of property – Limitation of three years commences when right to apply accrues – Last communication made on 29-9-1989 – Suit filed on 8-5-1992 within time.

May 27, 2017 sclaw

AIR 2006 SC 2488 : (2006) 2 ARBLR 1 : (2006) 2 CTC 597 : (2006) 4 JT 251 : (2006) 4 SCALE 74 : (2006) 4 SCC 658…

Limitation

Exparte decree—Setting aside of–Limitation will begin from the date of knowledge of passing of the said exparte decree. Summons–It is obligatory on the part of the Court to send a copy of the plaint and other documents appended thereto, in terms of order 5, Rule 2 CPC

Apr 16, 2017 sclaw

2007(2) LAW HERALD (SC) 1816 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. 714 of…

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C P C

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Feb 16, 2025 sclaw

Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Feb 16, 2025 sclaw

Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw

Child Custody

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Feb 9, 2025 sclaw

Category: Limitation

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