Limitation Act

Supreme Court overturns High Court on Adverse Possession: Mallikarjunaiah vs. Nanjaiah (26 April 2019)

Supreme Court overturns High Court on Adverse Possession: Mallikarjunaiah vs. Nanjaiah (2019) LEGAL ISSUE: Whether the High Court was correct in holding that the defendants had acquired ownership of the suit land through adverse possession. CASE TYPE: Civil Law – Property Dispute Case Name: Mallikarjunaiah vs. Nanjaiah & Ors. Judgment Date: 26 April 2019 Introduction […]

Supreme Court overturns High Court on Adverse Possession: Mallikarjunaiah vs. Nanjaiah (26 April 2019) Read Post »

Adverse Possession Claim Upheld: Supreme Court Resolves Mortgage Dispute (2018)

Supreme Court Rules on Adverse Possession in Mortgage Dispute Date of the Judgment: September 18, 2018 Citation: Civil Appeal No. 4985 of 2010 Judges: Uday Umesh Lalit, J. and Sanjay Kishan Kaul, J. Can a person in possession of a property, initially as a mortgagee, claim ownership through adverse possession if their status changes to

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Supreme Court Upholds Dismissal of Partition Suit: Ponnayal v. Karuppannan (2018)

Supreme Court Upholds Dismissal of Partition Suit: Ponnayal v. Karuppannan (2018) LEGAL ISSUE: Whether a suit for partition is maintainable when the plaintiffs challenge the very partition deed on which their claim is based and after an inordinate delay. CASE TYPE: Civil Law – Partition Case Name: Ponnayal @ Lakshmi v. Karuppannan (Dead) Thr. L.R.

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Supreme Court Clarifies Order 2 Rule 2 CPC in Specific Performance Suits: Sucha Singh Sodhi vs. Baldev Raj Walia (2018)

Supreme Court Clarifies Order 2 Rule 2 CPC in Specific Performance Suits: Sucha Singh Sodhi vs. Baldev Raj Walia (2018) LEGAL ISSUE: Whether a suit for specific performance of an agreement is barred by Order 2 Rule 2 of the Code of Civil Procedure, 1908 (CPC) if a prior suit for permanent injunction was filed

Supreme Court Clarifies Order 2 Rule 2 CPC in Specific Performance Suits: Sucha Singh Sodhi vs. Baldev Raj Walia (2018) Read Post »

Supreme Court Allows Challenge to 1996 Sale Deed: Chhotanben vs. Kiritbhai Thakkar (2018)

Supreme Court Allows Challenge to 1996 Sale Deed: Chhotanben vs. Kiritbhai Thakkar (2018) LEGAL ISSUE: Whether a suit challenging a sale deed is barred by limitation when the plaintiffs claim they were unaware of the transaction and allege forgery. CASE TYPE: Civil Case Name: Chhotanben and Anr. vs. Kiritbhai Jalkrushnabhai Thakkar and Ors. [Judgment Date]:

Supreme Court Allows Challenge to 1996 Sale Deed: Chhotanben vs. Kiritbhai Thakkar (2018) Read Post »

Supreme Court Condones Delay Due to Illness in Family Dispute Appeal: Ummer vs. Pottengal Subida (2018)

Supreme Court Condones Delay Due to Illness in Family Dispute Appeal: Ummer vs. Pottengal Subida (2018) LEGAL ISSUE: Whether a delay in filing an appeal can be condoned due to the appellant’s illness. CASE TYPE: Family Law Case Name: Ummer vs. Pottengal Subida & Ors. [Judgment Date]: March 08, 2018 Date of the Judgment: March

Supreme Court Condones Delay Due to Illness in Family Dispute Appeal: Ummer vs. Pottengal Subida (2018) Read Post »

Supreme Court Upholds Probate Grant: Revocation Plea Dismissed in Lynette Fernandes vs. Gertie Mathias (2017)

LEGAL ISSUE: Whether a probate grant can be revoked due to procedural defects and allegations of fraud, particularly after a significant delay. CASE TYPE: Succession Law Case Name: Mrs. Lynette Fernandes vs. Mrs. Gertie Mathias since Deceased by Lrs. Judgment Date: November 08, 2017 Date of the Judgment: November 08, 2017 Citation: [Not Available in

Supreme Court Upholds Probate Grant: Revocation Plea Dismissed in Lynette Fernandes vs. Gertie Mathias (2017) Read Post »

Supreme Court settles limitation period for recovery of money in commercial transactions: Krishna Gopal Kakani vs. Bank of Baroda (2008)

Date of the Judgment: September 30, 2008 Citation: [Not Available in Source] Judges: Tarun Chatterjee, J., Harjit Singh Bedi, J. When does the limitation period begin for recovering money in a commercial transaction? The Supreme Court of India addressed this question in a case involving a dispute between Krishna Gopal Kakani and Bank of Baroda.

Supreme Court settles limitation period for recovery of money in commercial transactions: Krishna Gopal Kakani vs. Bank of Baroda (2008) Read Post »

Supreme Court Condones Delay in Filing Letters Patent Appeals: Union of India vs. Fataji Chaturji (2008)

Introduction Date of the Judgment: September 11, 2008 Judges: Tarun Chatterjee, J., Aftab Alam, J. When is it acceptable for a court to excuse a delay in filing an appeal? The Supreme Court addressed this issue in a case where the Union of India appealed against a decision by the High Court of Gujarat, which

Supreme Court Condones Delay in Filing Letters Patent Appeals: Union of India vs. Fataji Chaturji (2008) Read Post »

Title: Supreme Court affirms title by adverse possession in property dispute: Tej Narain vs. Shanti Swaroop Bohre (2004)

Date of the Judgment: 28/09/2004 Citation: Where available, provide the case citation in the Indian Supreme Court (INSC) format. Judges: Ashok Bhan and S.H. Kapadia Can continuous possession of a property for over 12 years grant ownership, even without legal title? The Supreme Court addressed this critical question in the case of Tej Narain vs.

Title: Supreme Court affirms title by adverse possession in property dispute: Tej Narain vs. Shanti Swaroop Bohre (2004) Read Post »

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