Transfer of Property Act 1882- Section 126 –The gift validly made can be suspended or revoked under certain contingencies but ordinarily it cannot be revoked, more particularly when no such right is reserved under the gift deed. – Section 126 of the Act is drafted in a peculiar way in the sense that it contains …
Arbitration and Conciliation Act,1996; Section 34– While exercising power under Section 34 of the 1996 Act the Court does not sit in appeal over the arbitral award. Interference with an arbitral award is only on limited grounds as set out in Section 34 of the 1996 Act. A possible view by the arbitrator on facts …
Limitation Act,1961; Section 14- Where the parties wrongly and deliberately to avoid going to the civil court, invoke jurisdiction of the criminal forum/court for a civil wrong, benefit of Section 14 of the Act will not be applicable.
Revenue Records– Merely because the name of the plaintiff continued in the revenue records (Jama Bandis), it would not confer any title upon him. Revenue records (Jama Bandis) are only entries for the purpose of realising tax by the Municipal Corporations or land revenue by Gram Sabhas. (Para 27) Limitation – When the suit is …
Limitation Act, 1963; Article 54 – Specific Performance – As per agreement to sell, the sale deed was to be executed and registered within one month i.e. up to 16.01.1990- Agreement to sell also incorporated a clause stating that the said agreement would be valid for five years. Since the sale deed was not executed, …
Usha Devi vs Ram Kumar Singh 2024 INSC 599 – Specific Performance – Limitation Read More »
Limitation Act, 1961; Section 5- No litigant stands to benefit in approaching the courts belatedly. It is not the length of delay that would be required to be considered while examining the plea for condonation of delay, it is the cause for delay which has been propounded will have to be examined. If the cause …
Mool Chandra vs Union Of India 2024 INSC 577 – Limitation – Delay Condonation Read More »
Limitation Act, 1963; Section 5-If subsequent change of law is allowed as a valid ground for condonation of delay, it would open a Pandora’s Box where all the cases that were subsequently overruled, or the cases that had relied on the judgements that were subsequently overruled, would approach this Court and would seek a relief …
Limitation Act, 1963; Section 3-Even if the plea of limitation is not set up as a defence, the Court has to dismiss the suit if it is barred by limitation- V.M. Salgaocar and Bros. v. Board of Trustees of Port of Mormugao (2005) 4 SCC 613 and Narne Rama Murthy v. Ravula Somasundaram (2005) 6 …
S Shivraj Reddy (D) vs S Raghuraj Reddy 2024 INSC 427 – Limitation – Partnership Read More »
Limitation Act, 1963; Section 5- The application seeking condonation of delay filed at the behest of the stranger, who is not a party to the proceedings, is totally illegal- [Allowing appeal against the HC order upholding the order allowing the application seeking condonation of delay by the Trial Court, SC observed: Entertaining an application filed …
Limitation Act, 1963; Section 3, 5 –(i) Law of limitation is based upon public policy that there should be an end to litigation by forfeiting the right to remedy rather than the right itself; (ii) A right or the remedy that has not been exercised or availed of for a long time must come to …