Civil Procedure Code, 1908 with Order VII Rule 11

Supreme Court Dismisses Suit as Barred by Limitation: Shri Mukund Bhavan Trust vs. Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle (20 December 2024)

/ Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order VII Rule 11, Civil Procedure Code, 1908 with Order XXIII Rule 3A, Limitation Act, 1963, Limitation Act, 1963 with Article 58, Limitation Act, 1963 with Article 59, Limitation Act, 1963 with Article 65, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 3

Supreme Court Dismisses Suit as Barred by Limitation: Shri Mukund Bhavan Trust vs. Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle (2024) LEGAL ISSUE: Whether a suit for declaration of ownership and possession of land is barred by limitation when the plaintiff’s predecessors did not challenge prior registered sale deeds and court decrees for several decades. […]

Supreme Court Dismisses Suit as Barred by Limitation: Shri Mukund Bhavan Trust vs. Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle (20 December 2024) Read Post »

Supreme Court allows counterclaim for loss of business opportunity despite lack of notice under Carriage by Road Act, 2007: ESSEMM Logistics vs. DARCL Logistics Limited (2023) INSC 4712 (1 May 2023)

/ Carriage by Road Act, 2007, Carriage by Road Act, 2007 with Section 16, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order VII Rule 11, Civil Procedure Code, 1908 with Order VIII Rule 6-A(4), Consignment, Judges, Pankaj Mithal, V. Ramasubramanian

Supreme Court Allows Counterclaim Despite Lack of Notice in Logistics Dispute LEGAL ISSUE: Whether a counterclaim for damages related to loss of business opportunity, reputation, and overheads requires a mandatory notice to a common carrier under Section 16 of the Carriage by Road Act, 2007, similar to claims for loss or damage to consignment. CASE

Supreme Court allows counterclaim for loss of business opportunity despite lack of notice under Carriage by Road Act, 2007: ESSEMM Logistics vs. DARCL Logistics Limited (2023) INSC 4712 (1 May 2023) Read Post »

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