Limitation Archives - Page 8 of 10 - Supreme Court of India Judgements

Limitation—Challenge to sale of property of minor after attaining age of majority can be made within limitation period of 3 years.

Mar 12, 2018 sclaw

2016) 161 AIC 59 : (2016) AIR(SCW) 1666 : (2016) 3 AIRBomR 496 : (2016) 2 AIRJharR 601 : (2016) AIR(SC) 1666 : (2016) 4 ALLMR 481 : (2016) 3…

Limitation

Adverse Possess/on—Defendant claimed the ownership over the property on basis of inheritance therefore he was not entitled to claim title by adverse possession against the plaintiff in alternative.

Feb 24, 2018 sclaw

(2017) 175 AIC 166 : (2017) 4 ALLMR 448 : (2017) 122 ALR 887 : (2017) 3 ALT 17 : (2017) 2 ARC 39 : (2017) 3 BBCJ 43…

Limitation

Limitation–Court would not exercise its jurisdiction for any relief if suit is found to be barred by limitation.

Nov 21, 2017 sclaw

2008(1) LAW HERALD (SC) 272 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice G.S. Singhvi Appeal (civil) 5771 of 2007…

Limitation

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—Challenge to sale of property of minor after attaining age of majority can be made within limitation period of 3 years.

Adverse Possess/on—Defendant claimed the ownership over the property on basis of inheritance therefore he was not entitled to claim title by adverse possession against the plaintiff in alternative.

Limitation–Court would not exercise its jurisdiction for any relief if suit is found to be barred by limitation.

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

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.

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.

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.

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

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.

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Conviction under Section 302 requires proof of premeditation or intention to kill; absence of such elements may lead to reduced charges, such as under Section 304 IPC, with sentencing considerations potentially based on time already served

Mere presence at a crime scene, without evidence of an overt act or specific role, is insufficient to convict an individual as a member of an unlawful assembly, especially in cases involving large crowds and public disturbances

Limitation Act, 1963 — Section 5 — Extension of period of limitation in certain circumstances — Courts may liberally condone delays in appeals, especially by the State

Supreme Court of India Judgements

Category: Limitation

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