Limitation Act, 1963

The Nagpur Improvement Trust (NIT) acquired 44.61 acres of land from Sheela Ramchandra Tikhe for a drainage scheme and, under a 1968 board resolution, offered to re‑allot the land on lease. Tikhe applied for the entire parcel in 1975; after negotiations, NIT allotted only 24 acres in 1982 and retained the remaining 20.…

The appellant and respondent, brothers, were in dispute over a property and referred the matter to arbitration. An arbitral award was made on 21 January 1996 and filed in the Sub‑Judge's court on 14 May 1996. The respondent filed a caveat on 11 June 1996 seeking notice before any order, but the court only issued its st…

The Supreme Court examined whether the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (the 1993 Act) applies retrospectively to supply orders placed before its commencement on 23‑09‑1992. The Court held that the Act is prospective, its liability arising only after the buyer …

The case concerned a dispute over two adjoining land parcels (Khasra Nos. 935/1 and 935/2) where the predecessor of the appellants, Harbans Singh, claimed exclusive ownership based on a family settlement. A memorandum of family settlement (Exhibit P‑6) dated 10‑03‑1988 was executed by the brothers. The trial court part…

The appellants, liquor contractors, were required to pay an additional 7.5% mahua and fuel cess on contracts awarded by the Madhya Pradesh Government. The High Court declared the levy illegal in Surajdin (1960) and Doongaji (1962), but the Government continued to collect it, resulting in the appellants paying Rs.54,606…

The appellant, successor to the original mortgagor, filed a suit for redemption of a property mortgaged on 22 May 1886. The suit was filed on 28 December 1968, well after the 60‑year limitation under the Limitation Act, 1908, but the appellant argued that a sale deed dated 1 November 1913 contained an acknowledgment by…

The appellants, Zafar Khan and others, claimed possession of land based on a decree under the U.P. Tenancy Act and later asserted they were bhumidars under the U.P. Zamindari Abolition and Land Reforms Act, 1950. The respondents, having become adhivasis under the same Act, regained possession through an order of the Ad…

In a money suit based on a mortgage, a consent decree was passed and the decree-holder assigned his interest to Mahadeo Prasad Tibrewalla. After part‑payment, one judgment‑debtor died and his heirs were substituted. A 1953 consent order quantified the debt and prescribed satisfaction by conveyance of mortgaged houses, …

The appellant, an iron‑ore exporter, claimed a rebate of Rs 62,46,548.10 from the Board of Trustees of Mormugao Port, alleging that the Board had unlawfully levied a surcharge and refused full rebate. The Board raised two defenses under Section 120 of the Major Port Trusts Act, 1963: that the appellant had not served t…

Ajay Dabra filed suits for specific performance of two agreements for the sale of agricultural land in Himachal Pradesh, where the original seller had contracted with Himalayan Ski Village Pvt. Ltd., a non‑agriculturist. The sale was conditional on obtaining permission under Section 118 of the Himachal Pradesh Tenancy …

Mongia Realty and Buildwell Pvt. Ltd. (appellant) sued Manik Sethi (respondent) for recovery of alleged business loans, claiming the loans were repayable within one year of the last instalment and that the suit was filed within the limitation period. The respondent denied any loan relationship, asserting the payments w…

The plaintiff, a son who attained majority in 1974, filed a suit in 1981 to set aside a 1963 sale deed by which his maternal grandfather and his siblings purportedly sold his share in family land. The trial court held the suit barred by Article 60 of the Limitation Act, 1963, but the appellate courts reversed, applying…

The appellant, Antonysami, obtained a decree for specific performance of a sale, directing the judgment debtor to measure and demarcate the land by 23‑Sep‑1966 and to deposit the balance price by the same date. The appellant complied with the deposit, but the debtor delayed the measurement until 1973. An execution peti…

Asia Resorts Ltd. contracted Usha Breco Ltd. to install a ropeway system which failed to meet specifications. Asia Resorts issued a notice on 17 April 1990 and received a definitive denial on 17 May 1990, after which it filed a petition under Section 20 of the Arbitration Act on 30 November 1993. The Supreme Court held…

The plaintiffs filed suits in 2015‑2016 to cancel sale deeds executed in 2005, alleging fraud. The defendant moved to reject the plaints under Order VII Rule 11(d) of the CPC, contending the suits were barred by the 10‑year limitation period. The trial court and High Court refused to reject the plaints, holding that li…

The Union Bank of India (financial creditor) granted loans to R.K. Infratel Ltd. (corporate debtor), which defaulted on 30‑09‑2014, leading to the account being classified as an NPA. The bank filed a recovery suit under the 1993 Recovery of Debts Act and, later, an application under Section 7 of the Insolvency and Bank…

The appellants challenged a petition filed by the respondent under Section 7 of the Insolvency and Bankruptcy Code (IBC) alleging a default of at least Rs.1,00,000. The lower tribunal had held that the IBC’s commencement on 1 December 2016 triggered the limitation period and applied Article 62 of the Limitation Act, tr…

Krishna Gopal Kakani, who had deposited a small margin for letters of credit with Bank of Baroda, sought the refund of surplus proceeds after the bank’s goods were auctioned and the sale proceeds were deposited with the court. After numerous notices, a failed adjustment proposal, and a dismissed writ petition, Kakani f…

Punjab National Bank (PNB) filed a petition under Section 7 of the Insolvency and Bankruptcy Code (IBC) against Jailaxmi Sugar Products Pvt Ltd, alleging default and seeking initiation of a corporate insolvency resolution process (CIRP). The Debt Recovery Tribunal (DRT) issued a certificate of recovery on 1 November 20…

The appellant sought a declaration that a property, which had been surveyed and listed as "Wakf‑Al‑Allah" and published in the Official Gazette on 2 December 1965, was in fact "Wakf‑Al‑Aulad". He filed a suit under Section 6 of the Wakf Act, 1954 on 17 January 1967, more than one year after the Gazette publication, con…

The insurer, United India Insurance Co. Ltd., invoked the arbitration clause in its policy with J.A. Infrastructure Pvt. Ltd. and, after two conflicting arbitral awards, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 in the High Court, which was dismissed for lack of jurisdiction. The i…

Umri Pooph Pratappur (UPP) Tollways Pvt. Ltd. entered into a 2012 concession agreement with Madhya Pradesh Road Development Corporation (MPRDC) for a state highway project. Disputes over cost overruns and delays led the appellant to first file a reference before the Madhya Pradesh Arbitration Tribunal under the 1983 Ac…

The appellant, IL & FS Financial Services Ltd., entered into a term loan agreement with the respondent, Adhunik Meghalaya Steels Pvt. Ltd., in 2015, which became a non‑performing asset on 1 March 2018. The appellant filed a Section 7 application under the Insolvency and Bankruptcy Code on 15 January 2024, relying on th…

The appellant, Ram Karan (deceased) through legal representatives, purchased agricultural land in 1962 from a Scheduled Caste vendor and obtained mutation in 1966. The State of Rajasthan, via a Tehsildar, filed a suit under Section 175 of the Rajasthan Tenancy Act in 1993 seeking ejectment, alleging the sale violated t…

Kotak Mahindra Bank (the appellant) sought initiation of a Corporate Insolvency Resolution Process (CIRP) against Prasad Properties and Investments Pvt. Ltd. (the corporate debtor) under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC). The corporate debtor had stood as guarantor for loans to three borrower …

The Maharashtra State Cooperative Housing Finance Corporation, a cooperative society, dismissed its employee Prabhakar Sitaram Bhadange for alleged misconduct. Bhadange challenged the dismissal before the Cooperative Court, which the corporation contested on the ground that the Court lacked jurisdiction under Section 9…

The Supreme Court examined land acquisitions made under the Land Acquisition Act, 1894 for the "planned development of Delhi" and later for the development of Palam Airport, which were ultimately transferred to the International Airport Authority of India (IAAI). Petitioners challenged the acquisitions on grounds that …

Maharashtra State Financial Corporation (MSFC) had sanctioned a loan to Crystal Marketing Pvt Ltd, whose directors stood as sureties. After default, MSFC invoked Sections 31 and 32 of the State Financial Corporations Act, 1951 to sell hypothecated property, and later, after a shortfall, issued notice to the sureties an…

The appellant, Kamala Bakshi, claimed title to premises occupied by the respondent, Khairati Lal, who had entered into a 1960 agreement presented as an employer‑employee relationship but was in fact a tenancy. After a series of litigations, the Delhi High Court in 1991 declared the respondent a tenant and fixed the ren…

Harish Uppal, a former Indian Army officer, was court‑martialed and sentenced to dismissal and two years' rigorous imprisonment for irregularities during the 1971 Bangladesh operations. While incarcerated, his advocate filed a post‑confirmation petition under Section 164(2) of the Army Act, 1950, which was rejected by …

The dispute concerned the ownership of a 7‑acre Naroda Chawl, claimed by the plaintiff Vadilal Modi as part of a partition suit against his siblings and their heirs. Defendant Chandrakantaben (Def. No.6) asserted that the property had been gifted to her in 1946 and that she had acquired title by adverse possession, rel…

The plaintiff, acting as administrator of his deceased sister's will, filed a suit for partition of her estate and related reliefs. The defendant moved an application under Order VII Rule 11 of the CPC, claiming the suit was barred by limitation. The trial judge dismissed the application, but the Division Bench of the …

The State of Haryana filed a Letters Patent Appeal against a judgment of the Punjab & Haryana High Court, but delayed filing the appeal by 109 days. The High Court refused to condone the delay under Section 5 of the Limitation Act, 1963. The Supreme Court examined the meaning of "sufficient cause" and held that the pro…

The State of Madhya Pradesh filed a second appeal before the High Court challenging a judgment that dismissed a suit concerning 1,300 hectares of government land. The appeal was filed after an inordinate delay of 5 years, 10 months, and 16 days, which the High Court refused to condone, citing lack of sufficient cause. …

The Special Director of Enforcement imposed a penalty on Ketan V. Parekh and others under the Foreign Exchange Management Act, 1999. The appellants filed appeals under Section 35 of the Act and sought condonation of a 1,056‑day delay, arguing that the time spent pursuing writ petitions in the Delhi High Court should be…

The plaintiffs filed a title suit seeking declaration of ownership and possession of certain plots. The trial court decreed in their favour, but the High Court dismissed the suit on the ground that the plaintiffs failed to prove possession within the 12‑year period prescribed by Article 142 of the Limitation Act, 1908,…

The plaintiff entered into a 1989 agreement to purchase a house from defendant No.2, paid the full consideration, but the seller failed to execute the sale deed. The plaintiff filed two suits: one for permanent injunction to prevent dispossession by defendant No.1 and No.2, and another for specific performance of the s…

The respondent, a former senior compositor, was removed from service in 1977 and later reappointed as a junior compositor on a temporary basis. He filed a declaratory suit challenging the removal and seeking pay adjustments, which was dismissed by the trial court. The First Appellate Court reversed the dismissal and, b…

The appellants filed a declaratory suit challenging a relinquishment deed and were dismissed by the trial court on a preliminary issue of limitation, a decision affirmed by the first appellate court and the Delhi High Court. They contended that the limitation period should be extended to twelve years under Article 136 …

The Supreme Court examined whether the time taken to obtain a certified copy of a High Court order vacating a stay could be excluded from the two‑year period prescribed under Section 11‑A of the Land Acquisition Act, 1894 for making an award. The Court held that Section 11‑A only excludes the period during which the ac…

The appellant and the respondent entered into a 1983 agreement for the appellant to develop the respondent's property, with the respondent to execute a lease deed after construction, which was never done. The appellant filed a suit in 1990 seeking declaration of title, specific performance, damages and other reliefs. T…

The appellant, a cargo importer, claimed damages from British Airways for loss of perishable goods shipped from Mumbai to Canada, filing suit in 2012. The trial court held the claim was not time‑barred, but the Bombay High Court dismissed it, holding that the two‑year limitation under Rule 30 of the Carriage by Air Act…

Nahar Industrial Enterprises Ltd entered into ISDA derivative contracts with Hong Kong & Shanghai Banking Corp. When disputes arose, Nahar filed a civil suit in Ludhiana seeking a declaration that the contracts were void and an injunction, while the bank filed an application before the Debt Recovery Tribunal (DRT) for …

The Steel Authority of India Ltd. (SAIL) acquired land for a steel plant, awarding compensation to landholders; some accepted the award without protest, others accepted under protest and filed applications for reference under Section 18 of the Land Acquisition Act, 1894. The High Court directed the authorities to compl…

The appellant (defendant) challenged the High Court’s decision that the plaintiffs were entitled to exclusion of the period between the withdrawal of an earlier suit and the filing of a fresh suit under Section 14 of the Limitation Act. The earlier suit had been withdrawn with the court’s permission under Order XXIII R…

The appellant, a contractor, entered into a 1966 agreement with the State of Kerala to complete work within ten months, but failed to do so and the contract was terminated in 1968. The State served a demand notice under the Revenue Recovery Act on 30 May 1974, which the appellant contested by a writ petition. In 1983 t…

The case concerned disputes arising under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) where a supplier (Silpi Industries) claimed unpaid amounts from Kerala State Road Transport Corporation (KSRTC) and the corporation raised counter‑claims. The issues before the Supreme Court were whether …

M/s. Sundaram Finance Ltd., a hire‑purchase financier, sued Noorjahan Beevi and her husband for the balance of Rs.40,138 after seizing and selling a financed vehicle. The borrowers defaulted on the instalment payment on 20 May 1984, after which the financier seized the vehicle on 9 February 1985 and sold it on 30 May 1…

M/s Emm Enn Associates (contractor) completed a security‑fencing contract for the Government in July 2000 and received payment on 10 April 2001 for the undisputed portion of the final bill. The contract provided a two‑year defect‑liability period for the Government to recover any over‑payment, but the contractor later …

The appellant, an unregistered partnership firm, entered into a construction contract with the respondent and later contested the respondent's claim in arbitration. The respondent argued that Section 69(3) of the Partnership Act, 1932 barred the firm from participating in arbitral proceedings because "other proceedings…

The dispute arose from a construction licence granted to the respondent, which the appellant claimed would obstruct a pathway adjoining his land. After a series of appeals under the Goa Panchayat Raj Act, the parties reached a settlement wherein the respondent agreed to provide a 3‑metre access path, and the High Court…

The appellant, P. Kumarakurubaran, was assigned a vacant site in 1974 and executed a power of attorney in 1978 for construction. His father later sold the property in 1988 to the defendant without authority, which the appellant discovered in 2011 and filed a land‑grabbing complaint. In 2014 he instituted a suit seeking…

The appeal concerned an application for letters of administration under Section 228 of the Indian Succession Act filed by the respondent after a probate was granted in England. The appellants argued that the application was barred by the three‑year limitation period under Article 137 of the Limitation Act, contending t…

National Aluminium Co. Ltd. & Anr. (appellant) entered into a works contract with G.C. Kanungo (respondent). After completion of the work, the respondent sought arbitration for additional dues, and an arbitrator appointed at his request passed an award. The civil judge later made the award a rule of court. The appellan…

The Municipal Committee of Barwala appealed against a decree granting the respondent, Jai Narayan & Co., a mandatory injunction to execute a sale deed for land allegedly won at a public auction in 1999. The respondent claimed to be a bonafide purchaser, having deposited the auction consideration, and argued that the Mu…

The appellant, Minerals & Metals Trading Corporation of India Ltd., entered into a charter party with Ocean Knight Maritime Co. Ltd., which contained an arbitration clause. Disputes over demurrage led each party to appoint its own arbitrator, but the arbitrators could not reach a consensus and the award deadline expire…

Thimmappa (appellant) had executed two sale deeds transferring a property to Siddaramakka (respondent) and a reconveyance agreement dated July 20, 1968, stipulating that if the respondent repaid Rs.5,000 within eight years, she could have the sale deed executed in her favour. The respondent offered payment in June 1976…

The trial court declared the marriage between Smt. Lata and her husband Vilas null under Section 12(1)(d) of the Hindu Marriage Act because the wife was pregnant by another man. While the wife appealed, the husband remarried, and the lower courts held the appeal infructuous, dismissing it. The Supreme Court examined wh…

The appellant, Poona Ram, sought to overturn a High Court judgment that had set aside a First Appellate Court order dismissing his suit for declaration of title and possession filed by Moti Ram. Moti Ram claimed possessory title based on alleged long possession but had no documentary title, while the defendants relied …

Deepak Bhandari, a director and guarantor of a defaulting industrial company, challenged a suit filed by Himachal Pradesh State Industrial Development Corporation Ltd. for recovery of a loan balance. The corporation had taken possession of the company's mortgaged assets under Section 29 of the State Financial Corporati…

The appellant sought to set aside an abatement and substitute the legal heirs of two deceased respondents in a decree, filing the application under Section 152 CPC after learning of the deaths on 26 June 2003. The High Court rejected the application, declaring the decree a nullity on the ground of the respondents' deat…

The State of Madhya Pradesh sought to appeal an acquittal under section 378(1) of the Criminal Procedure Code, 1973, and filed an application for leave under section 378(3). By prevailing practice in the Madhya Pradesh High Court, the leave application was listed before a Single Judge under Rule 1(q) of the High Court …

The Supreme Court examined whether the three‑month payment period prescribed in Section 67(1) of the Voluntary Disclosure of Income Scheme, 1997 could be extended. The Court held that the word "shall" makes the deadline mandatory and that Section 67(2) expressly deems a declaration invalid if payment is not made within…

The respondents, K.P. Jayaram and another, filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) claiming they were financial creditors of M/s. Radha Exports (India) Pvt. Ltd. for a loan of Rs.2.10 crore advanced between 2002 and 2005, alleging that part of the loan was converted into share…

Standard Chartered Bank (SCB) bought 17% NPCL bonds from Andhra Bank Financial Services Ltd (ABFSL) and later discovered that the bonds had been misappropriated by broker Hiten P. Dalal and Canara Bank Mutual Fund (CMF). SCB filed a suit for conversion and amended it to implead Dalal and CMF, but the Special Court held…

The plaintiffs, sons of Gulab Singh, claimed a two‑thirds share in ancestral land and filed a suit in 1962 which was later allowed on appeal. They filed another suit in 1964 for possession, which they withdrew in 1971 with liberty to file a fresh suit. In 1990 they instituted a fresh suit, but the trial court held it b…

Sita Prasad Saxena sued the Union of India for salary arrears; his appeal was pending in the Madhya Pradesh High Court when he died. His son Mahendra Kumar Saxena filed applications for substitution of heirs, to set aside the abatement of the appeal, and for condonation of delay under Section 5 of the Limitation Act. T…

The plaintiffs filed a suit for declaration of tenancy and injunction, but the plaintiff died and his legal representatives were added. After years of inactivity, the suit was posted before the trial judge under Rule 35 of the Calcutta High Court Original Side Rules and dismissed for non‑prosecution; the dismissal orde…

The original plaintiff, Ramesh Chander, sued Jalandhar Improvement Trust for vacant possession of a plot allotted to him after his father's land was acquired. The trial court decreed in his favour, but the first appellate court reversed the decision, leading Ramesh to file a second appeal. Ramesh died during the penden…

Saranpal Kaur Anand filed a suit in 2012 seeking a declaration that a 1969 sale deed and a 1995 deed were void, and an injunction against the defendants. The defendants moved to reject the plaint on the ground of limitation under Order VII Rule 11(d). The Delhi High Court Single Judge framed a preliminary issue under O…

The case concerned a suit for possession of ancestral land that had been alienated by a gift deed. The original plaintiff, Mohinder Singh, obtained a declaratory decree in 1963 based on a compromise, but the decree was conditional on the death of the donor, Ujjagar Singh, which occurred in 1971. The decree sheet was fi…

The petitioner entered into a sale deed with NOIDA in 2001 that promised a 10% plot allocation. After ten years he made a representation to NOIDA, and eleven years after the deed filed a writ petition under Article 226 seeking specific performance. The High Court entertained the petition, directed NOIDA to decide the r…

The State of Arunachal Pradesh entered a contract for road bridge construction with M/s Damini Construction, which later refused payment, leading to arbitration. An interim award dated 12‑10‑2003 was issued, which the State later sought to review by letter on 02‑04‑2004; the arbitrator replied on 10‑04‑2004 that he had…

Neelam was appointed on an ad‑hoc basis as a typist with Haryana State Cooperative Land Development Bank from January 1985 until May 1986, after which she joined the Haryana Urban Development Authority. Following a successful industrial dispute by similarly situated employees, she filed a writ petition in the Punjab & …

The plaintiffs, an unregistered partnership firm, sued the defendants for permanent injunction and damages alleging infringement of their registered trademark. The defendants moved to dismiss the suit under Order 7 Rule 11, arguing that Section 69(2) of the Partnership Act, 1932 barred any action by an unregistered fir…

The plaintiff entered into an agreement of sale on 03‑01‑2004 with defendant No.1 for a plot of land at Rs 1,40,000, paying Rs 69,500 as earnest money. The plaintiff sued for specific performance and to set aside a later sale deed dated 11‑06‑2004 executed by defendant No.1 in favour of defendant No.2 (the appellant). …

The appeal concerned a landlord-tenant dispute under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The tenant failed to deposit the arrears of rent within the period prescribed under Section 13(4) of the Act and sought condonation of the delay under Section 5 of the Limitation Act, 1963. The Supreme …

The appellant, who had been using the trademark KUNDAN for his cable business since 1980, filed an injunction suit against the respondent for using the same mark. While the suit was pending, the respondent obtained registration of the mark in 1995. The appellant then filed a rectification application under Sections 45,…

The appellants obtained a decree for recovery of money and the decree-holder initiated execution proceedings, resulting in the sale of the appellants' property on 25 November 2003. On the same day a third party obtained a stay of the execution proceedings, which remained in force until 2 December 2004. Because of the s…

The plaintiffs, Mukesh Kumar and others, entered into an agreement with the Karta of a Hindu Undivided Family (HUF) to purchase a property, but the sale deed was not executed. One of the original defendants, Ashwani Kumar, was later transposed from the defendant side to become a plaintiff. The trial court and appellate…

The Supreme Court examined two second appeals filed under Section 100 of the CPC concerning a suit for declaration of title and possession of a property. The High Court had entertained the appeals despite the absence of a substantial question of law, and had allowed the respondent's claim to possession while dismissing…

The appellant filed a suit for specific performance of a 1993 agreement of sale, alleging that the first defendant had signed the agreement but later sold his share to a third party and refused to execute the sale deed. The defendants contended that the signature on the agreement was forged, relying on a handwriting ex…

The landlord filed an eviction petition under Section 13‑B of the East Punjab Urban Rent Restriction Act, 1949 and served the tenant on 19 May 2005, requiring the tenant to apply for leave to contest within 15 days. The tenant filed the application one day late, on 4 June 2005, and then sought condonation of the delay …

Rameshwarlal, a former employee of the Municipal Council, Tonk, claimed arrears of salary for the period September 10, 1987 to August 18, 1988. He filed a writ petition under Article 226 of the Constitution in the Rajasthan High Court in February 1990, which was dismissed on the ground that the claim was civil in natur…

The appellant, Japani Sahoo, filed a criminal complaint on 5 February 1996 alleging assault and extortion by the respondent, an Inspector of Police. The Sub‑Divisional Judicial Magistrate took cognizance of the complaint only on 8 August 1997, more than a year after the alleged offence, and later issued summons and a n…

The parties were involved in a partition suit filed in 1969, which resulted in a decree on 27 June 1975 declaring each party's one‑third share and directing that the partition be effected by the Collector under Section 54 of the Code of Civil Procedure. The trial court failed to send the decree to the Collector, and af…

Khoday Distilleries Ltd (now Khoday India Ltd) manufactured whisky under the mark 'Peter Scot' and obtained registration in 1968. The Scotch Whisky Association and two respondents learned of the registration in 1974 but only filed an application for rectification in 1986, alleging that the mark was not distinctive and …

NDMC entered into a purchase order with Minosha India Ltd, terminated it for alleged non‑performance and the latter invoked the arbitration clause on 7 June 2016. Before the arbitration could commence, the corporate debtor was admitted to corporate insolvency resolution on 14 May 2018, a moratorium was imposed under Se…

Venu filed a suit for partition against Ponnusamy Reddiar and obtained a preliminary decree on 23 November 1959. Thirty years later, on 3 October 1989, Venu applied for the appointment of a court commissioner to execute the preliminary decree. The appellant argued that the application was barred by the three‑year limit…

The case concerned several police officers who had been promoted on an officiating basis with a stipulation that they would not receive seniority until selected under the Bihar Police Manual Rules. The High Court had granted seniority and promotion to Brij Bihari Prasad Singh and Kameshwar Prasad Singh, relying on the …

The plaintiff‑buyer entered into a sale agreement and obtained a decree for specific performance, which required him to deposit the balance consideration of Rs.33,60,000 within one month of the decree and in the form of a demand draft. The trial court extended the time by two months, making the final deadline 26‑May‑20…

The appellant, a joint owner of land in Palanpur, Gujarat, challenged a government acquisition of his property and obtained interim relief from the Gujarat High Court. While the proceedings were pending, the Land Acquisition Act was amended in 1984 inserting Section 11A, which mandates that an award be made within two …

The Commissioner of Customs & Central Excise filed a reference application under Section 35H(1) of the unamended Central Excise Act, 1944, seeking the High Court’s direction to refer a question of law to the Appellate Tribunal, but the application was filed after the statutory period of 180 days. The High Court dismiss…

The dispute arose between step‑brothers over the validity of a registered will and the right to obtain probate or letters of administration under the Indian Succession Act, 1925. The respondent claimed the will was valid, while the appellant sought probate. The central legal question was whether Article 137 of the Limi…

A partition suit filed in 1962 was compromised in 1964, with the decree allocating exclusive possession of specific properties to each party. The predecessor of the appellants later challenged the compromise decree on grounds of fraud, but the suit was dismissed in 1994 and the subsequent appeal in 2004 was also dismis…

The case arose from a partition suit involving 116 acres of land where, during the pendency of a first appeal, several appellants died. Substitution applications were filed after delays of 130 days, three years, and five years. The Patna High Court refused to condone the delay and set aside the abatement, holding that …

Hariram appealed against judgments that upheld a permanent injunction ordering the removal of his alleged encroachment on a 10‑foot public street. He argued that the suit was barred by limitation, violated Order I Rule 8 of the CPC, and lacked proof that the land was a public street. The Supreme Court held that encroac…

The first respondent, a defeated candidate, filed an election petition challenging the election of the appellant. The appellant filed a recrimination notice under Section 97 of the Representation of the People Act, 1951, but did so beyond the 14‑day period prescribed, and sought condonation of the delay under Section 5…

The Constitution Bench examined whether, for computing the period of limitation under Section 468 of the Code of Criminal Procedure, 1973, the relevant date is the filing of the complaint or the institution of prosecution, or the date a magistrate takes cognizance. The Court resolved a conflict between earlier decision…

The appellant, Satya Pal Anand, claimed inheritance of a plot allotted to his mother by a housing cooperative society, which after her death unilaterally executed and registered an Extinguishment Deed cancelling the allotment. He entered into a compromise deed receiving Rs.6.5 lakh, but also filed a dispute under the M…

The Food Corporation of India (FCI) advanced Rs 2 crore to the Assam State Co‑operative Marketing and Consumers Federation Ltd (the Federation) for procurement of paddy, but the price fixed later showed that only Rs 1.60 crore was due, leaving an excess of Rs 39,36,810. FCI sued the Federation for recovery, but the tri…

The parties, heirs of a deceased businessman, disputed the division of his properties and resolved the matter by arbitration, which resulted in an award on 18 February 2010 that was received on 21 February 2010. The respondents filed an application under Section 34(3) of the Arbitration and Conciliation Act, 1996 to se…

The plaintiff, A. Krishnappa, sued the defendant’s wife, Smt. Narasamma, for possession of a schedule property, claiming full ownership and seeking removal of a temporary structure. The defendant relied on an unregistered sale agreement dated 10‑10‑1976 and a General Power of Attorney dated 08‑08‑1988 to assert title, …

L.C. Hanumanthappa filed a suit for permanent injunction against H.B. Shivakumar on 9 March 1990. The defendant’s written statement dated 16 May 1990 denied the plaintiff’s title to the suit property, thereby putting the plaintiff on notice that a right to sue for declaration of title had arisen. On 1 April 2002 the pl…

The first respondent executed a registered sale deed in favour of the appellant on 30 November 1992 and later filed a criminal complaint alleging cheating, which was dismissed on 30 November 1993. After a delay of fourteen years, on 28 June 2006, the first respondent instituted a civil suit seeking declaration of title…

The Supreme Court examined whether a complaint under Section 138 of the Negotiable Instruments Act must be filed within one month of the cause of action arising, and specifically whether the day the cause of action arose should be counted in the 30‑day period prescribed by Section 142(b). Relying on Section 9 of the Ge…

The petitioners filed special leave petitions more than three years after a High Court judgment, seeking to increase the compensation for land acquired to Rs.17.50 per square yard, relying on two Supreme Court decisions that had enhanced compensation for adjacent land. They argued that the Land Acquisition (Amendment) …

The State of Himachal Pradesh entered into a construction contract and, after a dispute over extra work payment, the matter was referred to arbitration. The arbitrator issued an award on 5 November 2007, which was physically delivered to the office on 10 November (a holiday) but actually received by the Executive Engin…

The State sought enhanced compensation for land acquired at Bambolim, Goa, and filed an appeal against the Civil Court's award on August 25, 1967. The Government Pleader was uncertain whether to pursue the appeal under the Portuguese Code (Recurso de Apelacao) or the Code of Civil Procedure (CPC), which had been extend…

The appellant, a co‑owner of a parcel of land that fell to him after his father's death, discovered in 1983 that the respondents, his brothers, had encroached upon 1 gunta of his share. He measured the land, obtained knowledge of the encroachment and filed a suit in 1992 for declaration of title and injunction. The res…

The State of Andhra Pradesh was sued by the family of Challa Chinnappa Reddy, who died after a bomb was hurled into his jail cell, alleging negligence of police officers who ignored repeated warnings of a conspiracy to kill the inmates. The trial court dismissed the suit on grounds of limitation and sovereign immunity;…

Union Bank of India extended a term loan to Mahaveer Construction, a proprietorship firm, and obtained a guarantee from Surana Metals Ltd, a corporate entity. After the loan was declared a non‑performing asset on 30‑01‑2010, the bank filed an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) in Fe…

Syndicate Bank filed a suit in Goa to recover a loan advanced to Mr. Prabha D. Naik and others, alleging default on a promissory note. The trial court and the High Court dismissed the suit as barred by limitation, holding that the Portuguese Civil Code's Article 535 governed limitation in Goa. The Bank appealed, conten…

The respondent, Mis. Jesus Sales Corporation, was licensed to import brass scrap under a duty‑exemption scheme and was required to export a specified quantity. A show‑cause notice under Section 4‑M of the Imports and Exports (Control) Act, 1947 led to a penalty of Rs 6 lakh. The respondent appealed the penalty and soug…

The appellants' land was acquired for a market yard and an award was made by the Land Acquisition Collector on 14 March 2007, but they were not served notice of the award until 25 October 2007 and only became aware of its contents on 16 November 2007. They filed an application under Section 18 of the Land Acquisition A…

The Supreme Court examined whether the Gujarat High Court was justified in condoning a delay of more than four years in filing an appeal against a decree dated 30‑10‑2004. The respondents, Gujarat Industrial Development Corporation, claimed the delay was caused by administrative mishandling and sought condonation under…

The petitioners, the Himachal Pradesh Bhakra Beas Management Board and others, challenged a High Court order that refused to condone a revision filed under Section 48 of the Himachal Pradesh Value Added Tax Act, 2005 after the 90‑day period prescribed for such revisions. The issue was whether Section 5 of the Limitatio…

The respondent sued the appellants for a declaration of co‑ownership of a house. The appellants failed to appear, resulting in an ex‑parte decree in the respondent's favour. They later filed a recall application, which was rejected, and subsequently appealed the decision in a District Court that lacked pecuniary jurisd…

The State of Karnataka appealed against High Court orders that had allowed a claimant, Laxuman, to file a belated application under Section 18(3)(b) of the Karnataka‑amended Land Acquisition Act seeking a court‑directed reference for enhanced compensation. The claimant had filed the initial application for reference wi…

Forasol, a French company, entered into a drilling contract with ONGC that required most payments in French Francs and 20% in Indian rupees at a fixed rate. After the rupee was devalued, Forasol claimed a higher conversion rate, which the arbitrator awarded without specifying a rate for the Franc portion. The Delhi Hig…

The petitioners, shareholders of La‑Fin Financial Services Pvt. Ltd., challenged a winding‑up petition filed by IL&FS under Section 433(e) of the Companies Act, 1956, which had been transferred to the NCLT as a Section 7 application under the Insolvency and Bankruptcy Code, 2016. The dispute arose from a 2009 share pur…

Shyam Singh obtained a Rs 34,000 loan from the State Bank of India for a tractor, mortgaging 22 acres of land. After defaulting, the bank invoked Section 10‑B of the U.P. Agricultural Credit Act, 1973 and the Tehsildar attached the tractor, whose estimated value exceeded the debt. Later, under Section 11‑A of the same …

The purchaser entered into two sale agreements in 1997, paying 90% of the price but failing to pay the remaining 10% within the three‑month period stipulated as essential. After sending two notices in 2000 and 2002, the purchaser filed a suit for specific performance in 2002, which the trial court dismissed as time‑bar…

Satya Pal Anand, a septuagenarian, claimed that a plot of land allotted to his mother by a cooperative society was unlawfully cancelled by the society through a Deed of Extinguishment dated 9‑8‑2001, and that subsequent sale deeds to third parties were also void. The Sub‑Registrar refused to cancel the extinguishment d…

The employee Chunilal Nanda was suspended by Midnapore Peoples' Co‑op. Bank Ltd. and challenged the suspension through multiple writ petitions. The High Court, in contempt proceedings, ordered his reinstatement, payment of arrears and the revocation of his suspension, and also directed the removal of the appointed Enqu…

The appellant, Shri Mallikarjun Devasthan, Shelgi, a public trust registered under the Maharashtra Public Trusts Act, 1950, filed change reports to record the appointment of a new Vahiwatdar and the co-option of trustees, but the reports were submitted well beyond the statutory 90‑day period. The respondents, a group o…

The original plaintiff, M.N. Channavasavaiah, borrowed Rs.1,500 from B.M. Narayan Shetty and executed a deed of conditional sale on 28 July 1969, delivering possession of the land to the lender for five years with a condition that repayment would void the sale and reconvey the property. The lender later sold the land t…

The Supreme Court examined a suit for partition of ancestral land filed in 1979 by the heirs of Anandibai, who had inherited the property of a full‑owner Hindu female, Shakuntalabai, who died in 1962. The appellants argued that the suit was barred by the Limitation Act, 1963, Article 65(b) and by Order II Rule 2 of the…

Mst. Sugani entered into an agreement to sell a house to Mahadeo on 13‑12‑1975 for Rs 7,000, paying Rs 5,000 as earnest money. Registration was barred by a prohibition on urban property sales, and Mahadeo later executed a sale deed in favour of Rameshwar Das and Jamuna Prasad. Sugani sued for specific performance on 3‑…

The appellant, owner of certain lands, was bound by a sale agreement dated December 21, 1984, which was later extended to require execution of the sale deed within 15 days of the vacating of an injunction. A suit for perpetual injunction was filed on December 23, 1987, and later amended on July 17, 1989, under Order 6 …

The appellant filed a suit for specific performance of a sale agreement, which was decreed in his favour on 20‑01‑2012 directing him to deposit the balance consideration within two months. The decree was affirmed by the first appellate court on 21‑04‑2015, but no time‑limit for payment was stipulated. After a two‑year …

The plaintiffs, Zee Telefilms, had assigned satellite broadcasting rights of sixteen Hindi films to certain defendants for nine years on 23‑December‑1994. In 2003 they issued a public notice about the films, after which the first defendant claimed to have acquired the same rights via a 1997 assignment. Zee filed a suit…

The suit concerned property of Petha Gounder that had been sold by his son Balaraman both in his own name and on behalf of his minor son Palanivel without court permission, violating Section 8 of the Hindu Minority & Guardianship Act, 1956. The plaintiffs, sons of Kannan, filed a suit in 1992 for declaration and posses…

West Coast Paper Mills Ltd and Dandeli Ferro Alloys Ltd transported goods by rail and were charged a flat freight rate that denied them the benefit of the telescopic rate system, resulting in higher charges. They filed complaints under Section 28 of the Railways Act, 1890; the Railway Tribunal held the rates illegal bu…

The plaintiff, Surtu, daughter of Basanti, sued the defendants for possession of land after Basanti, a widow who held only a life estate in her husband's ancestral property, allegedly made an oral gift of portions of that land to collaterals in 1936. The trial court held that the widow had no right to alienate the prop…

The State of Madhya Pradesh appealed against the dismissal of its appeal in a civil suit where the respondent, S.S. Akolkar, had died. The State filed an application under Order 22 Rule 4 of the CPC to substitute the legal representatives of the deceased, but the application was filed 15 days after the court was inform…

The Oriental Bank of Commerce appealed an order of the Recovery Officer under Section 30 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993, but filed the appeal 31 days after the prescribed 30‑day period. The Debts Recovery Tribunal condoned the delay by invoking Section 5 of the Limitation Act…

The Municipal Board of Saharanpur sought to levy water tax on Imperial Tobacco's factory and residential buildings under Section 128(1)(x) of the U.P. Municipalities Act, 1916, claiming that the entire complex lay within a 600‑foot radius of a public stand‑pipe and was situated in a "common compound". The respondent ar…

The petitioner’s father was the second defendant in a suit for recovery of money under a mortgage. A preliminary decree was passed, after which the second defendant (surety) died. The plaintiff sought a final decree and asked that the petitioner be brought in as the legal representative of the deceased defendant. The d…

The respondent, sister of the appellant, entered into an agreement on 23 June 1965 whereby she would redeem a mortgaged house and, upon redemption, the appellant would execute a sale deed in her favour. She redeemed the mortgage in 1970 but the appellant failed to execute the deed despite repeated demands. The responde…

The Tamil Nadu Khadi and Village Industries Board (respondent) sued to confirm its title and recover possession of a property it claimed to have received by a registered gift deed dated 5 March 1983 from the appellant. The trial court dismissed the suit on the ground that the gift deed was never accepted or acted upon,…

International Asset Reconstruction Company of India Ltd. appealed to the Debt Recovery Tribunal against an order of the Recovery Officer, but the appeal was filed after the 30‑day period prescribed under Section 30(1) of the Recovery of Debts and Bankruptcy Act, 1993. The central issue was whether Section 5 of the Limi…

The appellants, promoters of an apartment complex, sold a flat to the respondent’s minor daughter for Rs. 2,10,000 and delivered possession in September 1985 but failed to execute a sale deed. The respondent filed a complaint under the Consumer Protection Act, 1986 on 19 June 1992 seeking specific performance and compe…

The wife filed a petition under Section 13 of the Hindu Marriage Act for divorce, and the trial court passed an ex‑parte decree in her favour on 6‑12‑1979. The husband appealed the decree under Section 96 of the CPC and sought condonation of delay under Section 5 of the Limitation Act, but the appeal was dismissed on t…

The original suit (Civil Suit No.3 A/02) was decreed in favour of the plaintiff, Govind Singh, on 1 October 2005. The defendants, Raheem Shah and another, filed a regular first appeal under Section 96 of the CPC but did so 52 days after the decree, prompting an application under Section 5 of the Limitation Act for cond…

The plaintiffs entered into a written agreement of sale on 2 July 1973 for a property, with performance fixed for 2 December 1973. The defendants sought extensions, the last of which expired on 1 February 1977. The plaintiffs filed a suit for specific performance on 29 April 1994, and the defendants moved to dismiss it…

The appellants purchased a 5‑acre plot by two registered sale deeds after the respondents had earlier bought a portion of the same land. They filed a suit for possession claiming title by adverse possession, asserting that they had been in open, continuous and hostile possession for over fifty years. The trial court gr…

The State Bank of India obtained a preliminary decree for a sum of Rs. 70,087.75 in 1987 and was required to apply for a final decree by 31‑12‑1991. It filed the application only on 27‑7‑1994, seeking condonation of a 714‑day delay under Section 5 of the Limitation Act, 1963 and Order 34 Rule 5 of the CPC. The subordin…

The appellants claimed ownership of a 3.34‑acre parcel of land in Kurnool district, asserting that it was a patta land acquired by a registered sale deed in 1970 and that they had been in uninterrupted possession for over twenty years. The State argued that the land was an assigned government land, subject to a non‑ali…

Major (Retd.) Inder Singh Rekhi constructed 240 Janta houses for the Delhi Development Authority, completing the work on 2 April 1980. After the work was finished, he repeatedly requested the Authority to finalise the bills, sending the first letter on 28 February 1983 and a final notice on 4 September 1985, and therea…

The original plaintiff, Lanka Venkateswarlu, filed a suit for title and injunction which was appealed after his death in 1990. The High Court ordered the government pleader to bring the legal heirs on record within a week, failing which the appeal would be dismissed. The appeal was dismissed on 6 February 1998 for non‑…

The appellants, R. Hanumaiyah and others, filed a suit seeking declaration of title and a permanent injunction over Survey Nos. 30 (a tank) and 31 (barren land) alleging ancestral ownership. The trial court decreed in their favour, but the Karnataka High Court set aside the decree, finding that the plaintiffs had not e…

The Collector of Central Excise, Madras filed statutory appeals against orders of the Customs, Excise and Gold Control Appellate Tribunal and sought condonation of delay for those appeals. A Single Judge of the Supreme Court dismissed the condonation applications under Order VI Rule 2(14) of the Supreme Court Rules, 19…

The appellants purchased a flat and paid stamp duty, but later cancelled the booking due to the developer's delay and executed a cancellation deed on 17 March 2015, which was registered on 28 April 2015 after an amendment to Section 48(1) of the Maharashtra Stamp Act reduced the refund limitation period from two years …

Sarojini Tea Co. Ltd., a tea plantation, had 1,650 bighas of land declared excess under the Assam Fixation of Ceiling on Land Holdings Act, 1956 and was awarded compensation of Rs.71,811 calculated on the "full rate of annual land revenue" but excluding surcharge and local rates. The District Judge enhanced the compens…

The Supreme Court, acting suo motu, extended the limitation period for all judicial and quasi‑judicial proceedings due to the COVID‑19 pandemic, initially ordering an exclusion of the period from 15 March 2020 to 14 March 2021. After a decline in cases, the Court on 8 March 2021 limited the exclusion to that one‑year s…

Hemaji Wagahaji Jat filed a suit seeking a permanent injunction and declaration of ownership of land in Yavarpura, claiming title by adverse possession. The trial court erroneously held that he had acquired ownership through adverse possession and decreed in his favour. The District Judge and the Gujarat High Court rev…

Deokar Exports imported a dehydration machine financed by Maharashtra State Finance Corporation (MSFC) and insured it against fire for the period 12‑Sep‑1986 to 12‑Mar‑1988. After the policy expired, MSFC sent a cheque for renewal which the insurer received on 26‑Aug‑1988; the insurer later issued a policy dated 30‑Jun…

The appellant obtained a decree for a debt on 2 May 1973 and filed an execution petition the same year, which was stayed due to a legislative bar under the Tamil Nadu Indebted Agriculturists (Temporary Relief) Ordinance and subsequent Acts. The decree was later scaled down and amended on 18 October 1979 under the Tamil…

The judgment concerns a sale of immovable property executed against the judgment‑debtor, which was challenged under Order XXI Rule 89 of the CPC. The debtor filed the application and deposit on the 59th day after the sale, but the executing court rejected it, insisting that the deposit be made within 30 days as per Ord…

The Special Tehsildar appealed against a Kerala High Court order that set aside a subordinate judge’s condonation of delay in filing a review of a land‑acquisition award. The award dated 31 March 1989 had enhanced compensation and the appellant filed a review application on 29 July 1991 after a delay. The subordinate j…

The plaintiffs, heirs of Dr. Karam Chand, sued the appellants for cancellation of two 1992 sale deeds and recovery of possession of a family house, alleging that the deeds were void because the vendor, Ramesh Chand, had no title and that a will favouring the plaintiffs had been admitted in earlier suits. The trial cour…

M.P. Steel Corporation imported a vessel and disputed the customs duty assessed on its light displacement tonnage. After paying duty, the corporation appealed the Collector's order before the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT), which allowed the appeal, but the Supreme Court later set aside C…

The case concerned a dispute over joint and self‑acquired properties of step‑brothers Bapurao and Shivappa. In 1955 four registered deeds – a partition deed, a sale deed and two settlement deeds – were executed, allegedly to protect Bapurao’s assets from creditors. After Shivappa’s death, the heirs of Shivappa sued Vis…

The Supreme Court allowed the appeal of Bajranglal (appellant) against a Bombay High Court Division Bench judgment that had set aside a Single Judge’s finding that the plaintiff’s title to a property was void. The appellant argued that the Division Bench erred in holding that the auction sale conducted by the Bombay Mu…

The case arose from a long‑running dispute over ownership of certain lands originally sold by Kalyana Sundram Iyer. K.S. Setlur claimed title by adverse possession, asserting that tenant Shyamala Raju had attorned to him in 1946 and that he had been in possession for more than twelve years, a claim upheld by the Karnat…

The appellants, SAMPURNAN SINGH and others, purchased land in 1959 that had been orally mortgaged in March 1893 for Rs. 53. The mortgagee rights were sold to the respondents on 11 January 1960. The appellants filed a suit in 1980 seeking possession by redemption, but the respondents contended the suit was barred by lim…

The appellant, Wali Mohammed Khan (by legal representatives), claimed possession of a house built in a graveyard that was originally permitted for conducting Fateha and providing tobacco to Fakirs. The permission created a public Wakf, making the house an accretion to the Wakf property and placing the appellant and his…

The wife obtained a decree of dissolution of marriage on grounds of cruelty and appealed the decree, which was dismissed by the High Court on 16 July 1986. The husband subsequently contracted a second marriage on 17 August 1986, and the wife filed a Special Leave Petition (SLP) under Article 136 of the Constitution wit…

M/s Shanti Conductors entered supply contracts with Assam State Electricity Board before the Interest on Delayed Payment to Small Scale Ancillary Industrial Undertakings Act, 1993 came into force, but the supplies were completed after the Act's commencement. The Supreme Court held that the Act applies to any supply mad…

The Supreme Court considered two appeals challenging High Court orders that dismissed election petitions filed under the Hyderabad Municipal Corporation Act, 1955 on the ground of limitation. The petitioners, Shaik Saidulu @ Saida and Gogineni Sujatha, had filed petitions after the prescribed two‑month period but sough…

The trial court had condoned a delay of four and a half years for the defendants to file their written statement. The plaintiff challenged this condonation, and the High Court set aside the trial court's order. The defendants filed a petition before the Supreme Court seeking to overturn the High Court's decision. The S…

The appellant, a suspended director of the corporate debtor, challenged the admission of a Section 7 application initiating a Corporate Insolvency Resolution Process (CIRP) by UCO Bank, arguing that the debtor's balance‑sheet entries did not constitute a clear, specific acknowledgment of debt required under Section 18 …

The appellant, V. Nagarajan, challenged an order of the National Company Law Tribunal (NCLT) dated 31 December 2019 that dismissed his application for interim relief in a liquidation proceeding. He filed an appeal before the National Company Law Appellate Tribunal (NCLAT) on 8 June 2020, relying on a free certified cop…

The landlord filed eviction suits under the West Bengal Premises Tenancy Act, 1997 alleging non‑payment of rent arrears for two shops. The tenants filed applications under Section 7(2) of the Act seeking determination of the disputed rent and deposited the arrears they admitted. The trial court allowed the applications…

The parties entered into an Agreement to Sell on 31 July 1975, which required the sellers to obtain permission from the District Magistrate within eight days and then inform the buyers, who were to execute the sale deed within fifteen days. The sellers never applied for permission, and the buyers filed a suit for speci…

M/s Suryachakra Power Corporation Ltd filed an appeal to the Supreme Court under Section 125 of the Electricity Act, 2003 against a decision of the Appellate Tribunal for Electricity. The appeal was filed 161 days after the Tribunal's order, exceeding the 60‑day statutory period and the additional 60‑day discretionary …

The appellants challenged the acquisition of their land under the Land Acquisition Act, 1894 and, after receiving an award, filed references for enhanced compensation. Dissatisfied with the award, they filed appeals under Section 54 of the Act in the High Court on 16 August 2007, more than five years after the award, a…

The appellants filed a suit claiming title to a municipal allotment, purchasing the land two days after filing, and alleged that the respondents had encroached on a portion of the property by erecting a hutment three years earlier. The respondents contended that they had been in possession since 1969, paid municipal ta…

The dispute concerned two plots of land in which the respondents, descendants of Ram Dayal, claimed tenancy rights based on a deed dated 30 July 1945 and entries in the Khatauni. The appellants contended that an earlier deed of 23 November 1943, and a subsequent deed of 2 August 1945, gave them a valid lease under Sect…

The High Court ordered the winding up of a company on 2 December 1983 and appointed an Official Liquidator. The Liquidator filed misfeasance proceedings on 1 December 1989 under s.543(1) of the Companies Act, 1956, although the five‑year limitation prescribed in s.543(2) had expired on 1 December 1988. The appellant ar…

The appellant filed a civil suit in 1987 seeking cancellation of a sale deed, but the respondents repeatedly obtained adjournments and were eventually set ex parte, leading to a decree in 1991. The respondents later filed applications under Order IX Rule 13 and the Limitation Act, which were dismissed, and their subseq…

The plaintiff purchased a 5‑acre plot in 1982 and sued the defendants for declaration of title and possession, alleging encroachment. The trial court and the High Court Single Judge dismissed the suit, finding that the plaintiff had not proved any title or prior possession and that the defendants were in possession. A …

The predecessor of the appellant filed a suit on 21 May 1990 for declaration of title, possession and setting aside a sale deed. During the pendency, two further sale deeds were executed, and an interim order of status quo was granted. Thirteen years later, on 11 June 2003, the appellant sought to amend the plaint to c…

The petitioners, Sesh Nath Singh and others, challenged the National Company Law Tribunal's (NCLT) order admitting a Section 7 application by Baidyabati Sheoraphuli Co‑operative Bank to initiate corporate insolvency resolution against the corporate debtor. The issue was whether the three‑year limitation period for fili…

The decree dated 7 August 1969 in a title suit was executed in 2009. The State of West Bengal raised objections under Section 47 of the CPC in 2010 and again in 2011, both of which were dismissed. The State later filed a civil revision challenging the 2010 order and sought condonation of delay under Section 5 of the Li…

The assessee challenged a trade tax demand under the Uttar Pradesh Trade Tax Act, 1948, and obtained relief from the Tribunal. The revenue department filed revision petitions under section 11 of the Act, which the Allahabad High Court allowed, setting aside the Tribunal's orders. The assessee appealed to the Supreme Co…

Jagat Ram, son of Manshan, claimed possession of land that had been subject to a 1945 compromise granting life interest to Kirpi, widow of Sunder, and thereafter to Manshan. Kirpi later adopted Varinder Prakash and gifted the land to him. After Kirpi's death in 1967, Manshan filed a suit for possession in 1982. The tri…

The State Bank of Hyderabad sued the Joint Family of Mis. Mukundas Raja Bhagwan Das for recovery of a promissory note dated 20 May 1953. The respondents had applied in March 1960 under Section 11 of the Andhra Pradesh Jagirdar Debt Settlement Act, 1952 for scaling down the debt, and the Debt Settlement Board later held…

The appellants entered into a written sale agreement with the vendor (respondent No.3) for agricultural land, paid earnest money and took possession of the property. The vendor later sold the same land to a third party (respondent No.1) despite an injunction in favour of the appellants, and the third party sued for pos…

The appellant, Balkrishan, purchased agricultural land in 1960 that was under attachment and later auctioned to a minor son of Mohan Singh. Rajendra Singh, the minor's predecessor, filed an application under Section 250 of the Madhya Pradesh Land Revenue Code seeking restoration of possession, and the Tehsildar ordered…

The appellant was declared elected to the Andhra Pradesh Legislative Assembly on 26 November 1989. An election petition challenging his election was filed on 15 January 1990, after the 45‑day limitation under Section 81 of the Representation of the People Act, 1951 had expired on 10 January because the High Court was o…

The appellant's land was acquired under the National Highways Act, leading to an arbitral award on 25 July 2011. A regular first appeal was filed on 20 October 2011, but the High Court registry notified defects on 9 November 2011, which the appellant's counsel received only on 20 January 2012. Consequently, the appella…

The appellant, a member of a scheduled tribe, purchased a parcel of land in Sundergarh that had previously been transferred among tribal owners and later sold to a non‑tribal with statutory permission. The respondent encroached on the land and claimed title by adverse possession, arguing that more than twelve years of …

The plaintiffs entered into a 1989 agreement to purchase two shops and a godown, which stipulated a fixed date for performance contingent on the vacating of an injunction. In 1992 the defendants wrote requesting a postponement of performance without fixing a new date, which the plaintiffs accepted by forbearance. The p…

The dispute concerned two ancestral lands in Goa, "M" and "B", originally owned by the grandfather of brothers Suriaji and Gones. A 1915 sale deed conveyed portions of the lands to Suriaji, with an accompanying 1919 settlement deed stating that Suriaji had paid half the price on behalf of Gones and would transfer Gones…

The appellant was declared elected as Ward Councilor on 28 January 2016. The first respondent filed an election petition under Section 176 of the Haryana Panchayati Raj Act on 10 February 2016, withdrew it on 1 March 2016 and was given liberty to file a fresh petition, which she did on 2 March 2016—beyond the 30‑day pe…

The case involved a usufructuary mortgage executed in 1903 where the mortgagee claimed ownership after the statutory 30‑year limitation period had elapsed, while the mortgagor sought declaration of title by prescription. The trial and appellate courts held that, under Section 62 of the Transfer of Property Act, the mor…