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Showing posts with label
issue of limitation
.
Show all posts
Showing posts with label
issue of limitation
.
Show all posts
Wednesday, 27 May 2026
Grasping the Nettle: Supreme Court’s New Roadmap for Summary Judgments under Order XIII‑A CPC in Commercial Suits
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1. Background: From Jarndyce v. Jarndyce to Jasola Plot The Supreme Court’s April 2026 judgment Reliance Eminent Trading and Commercial ...
Supreme Court guidelines for deciding an application for summary judgment as per O 13A of Commercial courts Act
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It may not be out of context to note that the use of summary judgment will not be against the interest of justice if it will lead to a fair...
Thursday, 17 March 2022
When the court should not decide issue of limitation as a preliminary issue?
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In a case, question of limitation can be decided based on admitted facts, it can be decided as a preliminary issue under Order 14 Rule 2(2...
Wednesday, 24 July 2019
Whether court can travel beyond statements in plaint while deciding application for rejection of plaint?
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I have already held that while exercising jurisdiction under the provision of Order VII Rule 11(d) of the Civil Procedure Code, Court cann...
Friday, 25 August 2017
Basic principles for deciding application for amendment of pleading
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It is trite that at the stage of consideration of an application for amendment, the merits of the amendment need not be gone into as also ...
Friday, 17 March 2017
Whether high court should decide appeal only on preliminary issue of limitation?
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The second question that requires consideration is whether the High Court was right in merely deciding the issue of limitation in a firs...
How to ascertain limitation for filing suit for specific performance of contract?
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The interpretation of the first part of Article 54 of Schedule 1 of the Act is no longer res-integra. Article 54 reads as follows:- “54...
Sunday, 14 August 2016
How to decide issue of limitation in SARFAESI Act proceeding?
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I must now turn to the contentions of the learned Senior Counsel for the petitioners on the issue of limitation. As already noted, i...
Saturday, 25 July 2015
When court should not decide issue of limitation as preliminary issue?
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Be it stated, the aforesaid pronouncement was made before the amendment of the Code of Civil Procedure in 1976. 18. In Ramesh D. Desai ...
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