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

January 18, 2025 4:27 am

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…

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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Service

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

Jan 17, 2025 sclaw

Arbitration

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Jan 12, 2025 sclaw

Maintenance

A decree for restitution of conjugal rights does not automatically disqualify a wife from receiving maintenance under Section 125 of the Cr.P.C., and the court must assess whether the wife had sufficient reason to refuse to live with her husband despite the decree

Jan 12, 2025 sclaw

Service

Constitution of India, 1950 — Article 309 — Executive Orders as Recruitment Rules — The court affirms that in the absence of formal rules framed under Article 309 of the Constitution, executive orders issued by the government can serve as the governing recruitment rules — Specifically, Government Order (G.O.) dated 07th April, 2008 is recognized as the applicable executive order for the Medical Education Service.

Jan 12, 2025 sclaw

Category: Limitation

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