Limitation Act

The appellant Bhupinder Kumar entered into a sale agreement and later sued for specific performance. The trial court decreed specific performance, directing the respondent to execute the sale deed and the appellant to pay the balance within three months. The appellant failed to deposit the balance and applied for an ex…

The dispute concerned the status of Shri Madan Mohan Mandir and adjoining shops in Harda, Madhya Pradesh. Two applications were filed under the Madhya Pradesh Public Trusts Act, 1951: one by Pandit Kamta Prasad (case No. 73) seeking registration as a public trust, which he later withdrew, and another by Seth Champalal …

The appellants, who were the first parties in a reference proceeding under Section 30 of the Land Acquisition Act concerning compensation for acquired land, sought to prove their pre‑existing title by producing revenue records and other public documents. Because the documents were not in their immediate possession, the…

The appellant, D.K. Soni, a tenant, challenged an order allowing the landlord, P.K. Mukerjee, to evict him on the ground of personal need under the U.P. Temporary Control of Rent and Eviction Act. The landlord obtained a final permission for eviction before the 1972 Urban Buildings Act came into force, and later execut…

The respondents filed a suit for declaration of title, possession and permanent injunction, and an ex‑parte decree was passed against the appellants. The appellants only learned of the decree when execution proceedings began and filed an application under Order IX Rule 13 of the CPC on 8 July 1988, claiming it was with…

The Supreme Court examined a second appeal in which the original appellant and two respondents had died during its pendency. No application under Order XXII Rules 3(2) and 4(3) of the Code of Civil Procedure, 1908 was filed to substitute their legal representatives within the prescribed 90‑day period. The Court held th…

The Supreme Court examined whether the day on which a magistrate orders remand under Section 167(2) of the Code of Criminal Procedure, 1973 should be counted in the 60/90‑day period prescribed for filing a charge‑sheet, the expiry of which gives an accused an indefeasible right to default bail. Relying on the earlier d…

The Karnataka State Financial Corporation (KSFC) recovered a debt from Hoysala Thermo Farmers Pvt. Ltd. and, after default, auctioned agricultural land (Sy. No.67) belonging to the managing director, G.M. Krishna. The appellant, R. Raghu, purchased the land at the auction and later obtained a sale certificate as truste…

The defendant appealed a decree for specific performance of a sale agreement, which had been upheld by the trial court and a first appeal under Section 96 CPC. The defendant filed a second appeal under Section 100 CPC, which the High Court dismissed summarily on the ground that no substantial question of law was involv…

The Supreme Court examined whether Section 23 of the Travancore‑Cochin High Court Act, which provides that a Chief Justice must refer a matter to a third judge when two judges of a division bench disagree, survives the repealing provision of Section 9 of the Kerala High Court Act and whether it is a special provision t…

The case concerned the estate of the late R. Rosaiah, whose widow Lakshmamma (L) had been granted a life interest in his properties under a compromise decree. L later remarried in 1953 and attempted to adopt a boy as the heir of her first husband, which the trial court rejected. The principal questions were whether L's…

S. Jaffar Sahib, a general‑category candidate, was denied appointment as Deputy Collector for the 1980‑81 recruitment, where five posts were reserved and five were open. He challenged the appointment of six candidates from reserved categories, alleging that the reservation rules were violated. The Andhra Pradesh Admini…

The plaintiffs, M. Venkatesh and others, claimed ownership of land acquired by the Bangalore Development Authority (BOA) under the Land Acquisition Act, 1894, asserting settled possession and adverse possession of the vacant parcels after demolition of structures. BOA contended that the land vested in it following the …

The Postal Department (Office of the Chief Post Master General) appealed against a High Court order denying concessional postage rates to Living Media India Ltd. The High Court had allowed the company's writ petitions, and the Department filed special leave petitions (SLPs) in the Supreme Court after a delay of 427 day…

The appellant, a decree‑holder in a pre‑emption suit, was required to deposit the purchase price and costs in court. He deposited the full amount except for a shortfall of 25 paise, which he later paid after obtaining permission, claiming a bona‑fide mistake. The executing court condoned the shortfall, but the first ex…

The Bank of India sued Mehta Brothers (defendants 1‑5) and Deutsche Bank (defendant 6) for breach of an irrevocable Letter of Credit. The trial court passed an ex‑parte decree against defendant 6 and dismissed the suit against defendants 1‑5. Defendant 6 filed an application under Order 9 Rule 13 of the Code of Civil P…

The appellant, a construction contractor, entered into a contract with the Government of Maharashtra for earth work on a canal, which was not completed within the stipulated 18 months and required several extensions. After disputes over payment arose, the contractor sought appointment of an arbitrator under the contrac…

Mis. Amtek India Ltd. purchased plant and machinery and was assessed a penalty under Section 78(5) of the Rajasthan Sales Tax Act, 1994 on the ground that the invoice and delivery challan dates did not match, leading the Assessing Officer to deem the documents non‑genuine. The assessee successfully challenged the penal…

O.P. Jaiswal obtained a court order that the Nagar Mahapalika would not demolish his construction pending a writ petition. The Mahapalika demolished the structure on 11 January 1987, prompting Jaiswal to seek contempt proceedings under Section 12 of the Contempt of Courts Act, 1971. The Allahabad High Court issued show…

The appellant, a Junior Engineer in the Bihar Subordinate Engineering Service, claimed promotion to Assistant Engineer under a 1979 Government resolution that granted special promotion to those who obtained a degree and had five years of service, with inter‑se seniority to be decided by the Personnel Department. The Pe…

The respondent filed a suit for declaration of title and injunction against the appellant, but personal service was not effected and substitute service by newspaper failed to reach the appellant. An ex‑parte decree was passed on March 30, 1985. Upon learning of the decree in 1990, the appellant filed an application und…

The plaintiff entered into a contract to purchase a property for Rs.25,000, paying Rs.17,000 at execution and agreeing to pay the remaining Rs.8,000 within five months at the time of execution of the sale deed. The defendant refused to accept the balance and to execute the deed. After three legal notices, the plaintiff…

The appellant, a wife, complained that her husband subjected her to cruelty and later contracted a second marriage, invoking Sections 498A and 494 of the Indian Penal Code. The Andhra Pradesh High Court, applying Section 468 of the Criminal Procedure Code (CrPC), quashed the criminal proceedings on the ground that the …

The Life Insurance Corporation of India (LIC) sought eviction of several respondents from a licensed premises under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The Estate Officer ordered eviction; the respondents appealed to the Appellate Officer, identified as the District Judge/Principal Judge…

During a suit concerning an immovable property, respondents 2 and 3 sold the suit property to respondent 4, who was unaware of the pending litigation. An ex‑parte decree was later passed against respondents 2 and 3. Respondent 4 filed an application under Order 9 Rule 13 CPC to set aside the decree and sought to be bro…

The appellant, Mukesh, filed a suit claiming ownership and long possession of a small parcel of land in Madhya Pradesh and obtained a compromise decree confirming his pre‑existing right. The decree was used to seek mutation of the land in his name, but the Collector of Stamps levied stamp duty on the basis of Article 2…

The dispute concerned a 22-kanal agricultural plot that had been auctioned by the Rehabilitation Department and later sold to Rameshwari Dass. Karam Chand claimed to be the sub‑lessee of the land and applied for its transfer in his favour. After the sale was finalized and a conveyance deed issued to Dass, Chand filed a…

In a partition suit, a final decree directed the 2nd defendant, V. Hutcheswaran, to sell his one‑fifth share of a house to the other co‑owners. While the other parties sold their shares, the 2nd defendant did not. An execution petition filed twelve years after the decree was dismissed as time‑barred, but the Madras Hig…

The appellant challenged a lower court order that rejected her claim that filing a counter‑claim under Order VIII Rule 6A of the Code of Civil Procedure after the written statement was barred. The suit (Civil Case No. 248/82) was instituted on 15‑July‑1982 and the application for a counter‑claim was filed on 22‑June‑19…

The respondents obtained an ex‑parte decree for ejectment and recovery of rent from the appellants. The appellants filed, on the same day, an application under Order IX Rule 13 of the CPC and an application under Section 17 of the Provincial Small Cause Courts Act, 1887, seeking permission to deposit or furnish securit…

Satish Jain sued the State of Madhya Pradesh and a private defendant for declaration, permanent and mandatory injunctions over land owned by the State but allegedly possessed by the private defendant through adverse possession. The trial court had earlier passed an ex‑parte decree in favour of the plaintiff, which was …

The father of the third respondent was granted four acres of land by the Karnataka Government in 1957 with a condition that it could not be alienated for fifteen years. He illegally transferred two acres to Ismail Saheb in 1965, who later sold the land to the appellant in 1979, before the Karnataka Scheduled Castes and…

The case involved four separate suits (nos. 97‑100) concerning lands in four villages, all filed under Section 49 of the U.P. Tenancy Act, 1939. A common judgment was delivered, after which the judgment in suit no. 98 attained finality, while appeals against the common judgment in suits 99 and 100 were allowed, resulti…

The Uttar Pradesh Entertainment and Betting Tax Act, 1979 was amended in 1992 to permit cinema owners to levy an extra maintenance charge under Section 3A, but a proviso barred those receiving a government grant‑in‑aid from imposing this charge. Several cinema owners challenged the proviso as violative of Article 14 of…

The petitioners, who had purchased lands originally granted by the State of Karnataka to members of Scheduled Castes and Scheduled Tribes, challenged the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, alleging that sections 4 and 5 violated Articles 19(1)(f), 31, 3…

The Authorized Officer of Indian Overseas Bank (IOB) sought to enforce its security interest over the assets of Mis. Ashok Saw Mill under Section 13(4) of the SARFAESI Act after the borrower defaulted on loans, leading to possession and eventual sale of assets. The borrower challenged the actions before the High Court …

Birla Technologies developed software modules for Neutral Glass, which later complained of deficiencies. The respondent filed a consumer complaint alleging deficiency in services. The State Consumer Commission dismissed it, holding the respondent was not a consumer. The National Commission reversed part of that decisio…

The Supreme Court examined the acquisition of agricultural lands by the Karnataka State Government for Trinity House Building Co‑operative Society, which had hired a middleman, M/s Srinivasa Enterprises, to secure the acquisition in its favour. The Court found that no housing scheme had been framed or approved by the G…

The first respondent, a private transport operator, filed a writ petition in the Madras High Court challenging the scheme of nationalisation under Section 68(d) of the Motor Vehicles Act, 1939. The High Court allowed the petition and the appellant, the Managing Director, filed a timely writ appeal, while the State of T…

The appellants GMG Engineering Industries and others entered into a sale agreement with the respondents ISSA Green Power Solution, which fell through, leading the respondents to sue for recovery of Rs.1.5 crore and Rs.10 lakh. Both suits were decreed ex-parte after the appellants failed to appear, and the appellants la…

Harshad Chimanlal Modi filed a suit in the Delhi High Court for specific performance and possession of immovable property situated in Gurgaon. The suit was later transferred to the Delhi District Court, where the defendants amended their written statement to raise a jurisdictional objection under Section 16 of the CPC,…

National Spot Exchange Ltd (NSEL) filed a claim of Rs.673.85 crore against Dunar Foods Ltd in the insolvency proceedings initiated by the State Bank of India. The Interim Resolution Professional (IRP) rejected the claim on the ground of no privity of contract and no guarantee, a decision upheld by the NCLT. NSEL appeal…

The appellant (KCPL) challenged a Section 9 petition filed by the respondent (Vijay Nirman) which sought to treat an arbitral award as an undisputed operational debt. The award, favouring the respondent, was under challenge in a Section 34 petition under the Arbitration and Conciliation Act. The Supreme Court held that…

The dispute concerned the appointment of the Madathipathi (head) of the Shiva Kanchi Udasi Math, Kanchipuram. The Math was founded by a society registered under the Societies Registration Act, 1860, and its deed stipulated that succession should follow the Sishya Parampara (guru‑to‑disciple). After the death of the las…

The plaintiff, Tribhuvansankar, purchased a property and sued the defendant, Amrutlal, under the Madhya Pradesh Accommodation Control Act, 1961 for eviction and mesne profits. The defendant denied any landlord‑tenant relationship and pleaded adverse possession, claiming 18‑19 years of uninterrupted possession. The tria…

The Calcutta Municipal Corporation filed a special leave petition challenging the High Court’s order that quashed prosecution of Pawan K. Saraf for alleged adulteration of compounded asafoetida under the Prevention of Food Adulteration Act, 1954. The trial court had relied on a Public Analyst’s report finding the sampl…

The appellants' lands were acquired under the Land Acquisition Act, 1894 for a gas compressor station, with compensation awarded at Rs. 69 per square metre. They challenged the acquisition and award in a writ petition, which the High Court dismissed on 7 August 2012 but reserved liberty to seek enhanced compensation. A…

Asian Hotels (North) Ltd., the licensor, granted individual shop licenses to various shopkeepers, including the respondents, and later revoked those licenses. The respondents filed suits seeking a declaration that their licenses were irrevocable and perpetual. While the suits were pending, they applied to amend their p…

The predecessor-in-interest of the respondents bought an evacuee property at an auction in 1962 but failed to pay the full price, leading to cancellation of the sale. After a High Court set aside the cancellation, the full price was paid in 1980 and a sale certificate was issued on 31 March 1981, confirming title effec…

Raj Kumar Shivhare was penalised under the Foreign Exchange Management Act, 1999 (FEMA) for receiving unauthorized foreign payments and was ordered to deposit a penalty of Rs.2 crore. He appealed the Appellate Tribunal's order refusing dispensation of the pre‑deposit of penalty, but the Tribunal upheld the requirement.…

The Haryana Urban Development Authority (HUDA) lost a civil suit and its first appeal, and subsequently filed a second appeal in the High Court after a delay of 1,942 days. HUDA sought condonation of this delay under Section 5 of the Limitation Act, arguing that its lawyer’s negligence caused the lapse. The High Court …

The plaintiff, who inherited a building leased to the defendant in 1940, served a notice to quit and filed an eviction suit in March 1964, relying on the exemption in Section 30(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. In June 1964 the Amendment Act removed that exemption and, under Section …

The plaintiffs, sisters and co‑owners of ancestral land, alleged that their brothers fraudulently executed a registered sale deed in 1996, forging their signatures and thumb impressions, and transferred the property without their knowledge. Upon discovering the fraud in late 2012, they filed a suit for declaration and …

The Supreme Court examined a suit filed by a construction company for specific performance of a development agreement, in which the plaintiff later sought to amend the pleadings to implead a third‑party appellant and to declare a consent decree, issued in a related earlier suit, null and void. The Court held that the a…

The Special Land Acquisition Officer (U.K. Project) appealed against a reference court award that increased compensation for 1 acre 13 guntas of land from Rs.4,000 to Rs.30,420 per acre. Both the first and second appeals were dismissed by the High Court, after which a Special Leave Petition (SLP) was filed alleging pro…

The judgment debtor’s immovable property was put up for auction in execution of a decree. The debtor paid the entire decretal amount with costs to the decree holder and filed a memorandum of objection seeking to set aside the sale. The execution court treated the memorandum and the deposit as an application under Order…

The landlord, a partnership firm, sued its former tenant for possession of premises after a 21‑year lease expired. The partnership was unregistered when the suit was filed, raising a bar under Section 69(2) of the Partnership Act. The trial court and High Court held the suit maintainable and granted possession. On appe…

The appellants were arrested following a deadly riot and were remanded to judicial custody on July 20, 1985, with successive extensions until October 18, 1985. A charge‑sheet was filed on October 17, the 90th day of remand, and the magistrate granted bail, holding that the 90‑day limit in proviso (a) to Section 167(2) …

The plaintiffs filed a suit for a declaration that they were entitled to commissions and incentives from the defendant company. The defendants filed a written statement in 1994 and, in 1998, sought to amend it to claim a decree of Rs 4,19,509.43 and interest, essentially raising a set‑off claim. A single High Court jud…

Jai Prakash Associates Ltd. (JAL) entered into a contract with Tehri Hydro Development Corporation Ltd. (THDC) that contained General Conditions of Contract (GCC) clauses 50 and 51 expressly prohibiting any interest on monies due. An arbitral tribunal under the Arbitration and Conciliation Act, 1996 awarded the appella…

Lakshmi Bangle Stores booked a railway wagon in June 1964, declaring the value of the consigned glass bangles as Rs.25,000. The wagon was involved in an accident on June 22, 1964 and the goods were delivered after an open assessment on September 4, 1964, revealing that more than half were damaged. The appellant claimed…

The appellant, Bhaven Construction, entered into a contract to manufacture and supply bricks that contained an arbitration clause. It unilaterally appointed a sole arbitrator, who dismissed Respondent No.1's Section 16 challenge to his jurisdiction. Instead of using the statutory remedy under Section 34, Respondent No.…

The appellant, EXL Careers, filed a suit for recovery in a Gurgaon civil court despite an exclusive jurisdiction clause in a franchise agreement that designated Delhi courts as the sole forum. The Gurgaon court returned the plaint under Order VII Rule 10 of the CPC, and the High Court ordered its transfer to Delhi, dir…

The appellant Bhandari had given a short‑term loan of Rs 15 lakh to the respondent Heavy Mechanical Lifting Enterprises. A dispute over interest and repayment was referred to arbitration; the arbitrator passed an award on 17‑Apr‑1985 and, after a four‑year delay, filed it in the Calcutta High Court on 23‑Mar‑1989 to be…

The Lala Nanak Chand Trust leased a plot in Meerut to trustee Bateshwar Dayal for 30 years with a renewal clause. After the lease expired, the Trust sued for possession and obtained a decree; the lessee’s heirs later sought specific performance of the renewal clause, but their suit was dismissed as time‑barred. While t…

Laxmi Engineering Works, a small‑scale proprietary concern, bought a CNC universal turning machine from P.S.G. Industrial Institute and alleged it was defective, claiming Rs. 4 lakhs. The Maharashtra Consumer Disputes Redressal Commission allowed part of the claim, but the National Consumer Commission set it aside, hol…

In a partition suit, the suit property was ordered to be sold by public auction. J.S. Exim Ltd., the highest bidder, paid 25% of the bid amount by demand drafts on the auction day and the remaining 75% within the statutory period. The judgment debtor, Ram Karan Gupta, challenged the sale alleging non‑compliance with Or…

The appellant, Dalip Singh, sought to set aside an ex‑parte order that declared 18.22 acres of his late father Praveen Singh's land surplus under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960. The tenure‑holder had been served a notice in 1975 but failed to object; an ex‑parte order was made in Dec…

The appellants filed a suit for specific performance but initially paid only a deficient court fee. After multiple representations and condonation of delay, the trial court allowed the deficit fee to be paid well beyond the limitation period. The second defendant, a pendente‑lite purchaser, was impleaded and challenged…

In 1994 the landlord filed a suit for possession, rent and mesne profits against the tenant, who failed to file a written statement, leading to an ex‑parte decree in 1998. The tenant later filed an application under Order 9 Rule 13 of the CPC (and Section 5 of the Limitation Act) on 25 August 1998 to set aside the decr…

The petitioner filed Special Leave Petition (SLP) No.7735 of 2010 against respondent Surjit Singh, who had actually died on 09‑06‑2009, a fact discovered only later. The petitioner then moved Interlocutory Application (I.A.) No.2 seeking substitution of the deceased respondent’s legal representatives and I.A. No.3 seek…

The Supreme Court examined a dispute arising from a housing scheme originally framed by Agra Nagar Mahapalika under the U.P. Nagar Mahapalika Act, 1959, whose execution was later transferred to the U.P. Avas Evam Vikas Parishad (Parishad). Owners of the acquired land, dissatisfied with the compensation, applied for a r…

The landlord, ARM Group Enterprises Ltd., owned premises that were leased to Allenberry & Co., who gave notice of surrender on 31‑Aug‑1953 but failed to hand over vacant possession. The tenant vacated under a compromise decree that reserved the landlord's right to evict any sub‑tenants. The restaurant Waldorf, initiall…

The State of Kerala issued notifications under Section 71 of the Kerala Revenue Recovery Act, 1968 to enable banks and the Kerala Financial Corporation to recover agricultural loans through a speedy summary procedure. The respondents argued that even if the loans were time‑barred under the Limitation Act, the Act’s pro…

The Supreme Court examined appeals by Mahalaxmi Co‑operative Housing Society Ltd. against a High Court order that set aside trial‑court orders allowing the society to record a pursis (settlement) under Order XXIII Rule 3 of the CPC in two civil suits concerning land ownership. The Court held that the pursis was valid b…