Limitation Archives - Page 9 of 10 - Supreme Court of India Judgements

May 31, 2025 7:08 am

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…

Limitation

Declaratory decree—Limitation—Where no proceeding is initiated under Order XII R. 9 (2) CPC the abatement culminates into finally and gives a new starting point for the period of limitation.

Apr 15, 2017 sclaw

2007(2) LAW HERALD (SC) 1837 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. 2370 of…

Limitation

Adverse Possession—Adverse possession is a right which comes into play not just because someone loses his right to reclaim the property out of continuous and willful neglect but also on account of possessor’s positive intent to dispossess.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1655 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. 7062 of…

Limitation

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…

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C P C

Appellate court should decide on merits based on document interpretation when possible, rather than unnecessarily remanding, particularly when area and boundaries are consistent.

May 30, 2025 sclaw

Electricity Act

Determination of ‘change in law’ compensation and carrying cost at LPS rates is governed by PPA restitutionary principles, effective from the event date, requiring supplementary billing after competent forum adjudication.

May 30, 2025 sclaw

Constitution

Fundamental right under Article 22(1) requires meaningful communication of valid arrest grounds for lawful detention, failure vitiates arrest.

May 30, 2025 sclaw

Cr P C

Criminal Procedure Code, 1973 — Section 482 — Discretionary power — Exercise of — Quashing of proceedings at advanced stage of trial — Even if trial advanced, where dispute purely commercial, fully settled with no outstanding dues, and no continuing public interest, continuation of criminal proceedings amounts to abuse of process and can be quashed.

May 30, 2025 sclaw

Category: Limitation

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