AI Overview...
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Article 109 - Limitation Start Date
The limitation period under Article 109 of the Limitation Act, 1908/1963 begins from the date when the cause of action accrues, typically the date of possession or wrongful receipt of profits, depending on the case. For example, in suits for mesne profits or wrongful receipt of profits, the limitation period starts from the date when the profits are received or when possession is wrongful Metropoli Overseas Limited VS H. S. Deekshit - Karnataka, Chintalapati Varahalamma VS Gavva Nallayya - Andhra Pradesh. -
Limitation for Specific Cases
- Suit to set aside a sale or claim for mesne profits: Limitation begins from the date of wrongful act or receipt of profits Mantri Building Condominium vs Mantri Building Condominium - Bombay, Chintalapati Varahalamma VS Gavva Nallayya - Andhra Pradesh.
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Execution of decree for possession: Time starts from the date of payment or deposit of money, with the limitation period being 12 years from that date Govindan Nair VS Devasam Executive Officer, Suchindram, Kanyakumari District - Madras.
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Other Articles and Cases
- Probate applications (Article 137): Limitation begins from the date when the right to apply arises; there is no fixed outer limit for filing a probate application In The Goods Of : Hanuman Prasad Agarwal @ Hanuman Prosad Agarwal And Suresh Agarwal @ Suresh Kumar Agarwal VS Satyanarain Agarwal - Calcutta, Hanuman Prasad Agarwal @ Hanuman Prosad Agarwal VS Satyanarain Agarwal - Current Civil Cases.
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Court Auction Sale (Article 134): Limitation period is 12 years from the date of the sale or order, starting from the date the sale becomes executable S. Sivasubramanian VS N. Chinnasamy - Madras.
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Analysis and Conclusion
The starting point for limitation under Article 109 generally depends on the nature of the claim, often from the date of wrongful act, receipt of profits, or possession. In cases involving possession or profits, the limitation period commences from the date of possession or receipt. For probate or auction cases, the period begins from the date the right to file or the sale becomes effective. The key is identifying the precise date when the cause of action arises, as this date determines the commencement of the limitation period under Article 109 Metropoli Overseas Limited VS H. S. Deekshit - Karnataka, Chintalapati Varahalamma VS Gavva Nallayya - Andhra Pradesh, In The Goods Of : Hanuman Prasad Agarwal @ Hanuman Prosad Agarwal And Suresh Agarwal @ Suresh Kumar Agarwal VS Satyanarain Agarwal - Calcutta.
References:
- Mantri Building Condominium vs Mantri Building Condominium - Bombay
- Metropoli Overseas Limited VS H. S. Deekshit - Karnataka
- Chintalapati Varahalamma VS Gavva Nallayya - Andhra Pradesh
- Govindan Nair VS Devasam Executive Officer, Suchindram, Kanyakumari District - Madras
- Ramprasad VS Vedprakash - Madhya Pradesh
- In The Goods Of : Hanuman Prasad Agarwal @ Hanuman Prosad Agarwal And Suresh Agarwal @ Suresh Kumar Agarwal VS Satyanarain Agarwal - Calcutta
- S. Sivasubramanian VS N. Chinnasamy - Madras
- SMT. RAMAKKA vs SRI. M VENKATESH - Karnataka
- Ajab Lal Mandar VS Jai Prakash Lal Sahu - Patna
- Hanuman Prasad Agarwal @ Hanuman Prosad Agarwal VS Satyanarain Agarwal - Current Civil Cases
Search Results for "Article 109 of Limitation Act Time Starts from which Date"
2025 0 Supreme(Bom) 1702 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
(A) Civil Procedure Code, 1908 - Order VII Rule 11 - Limitation Act, 1963 - Article 109 and Article 59 - Suit filed to set aside ... 109 of the Limitation Act, thus subjecting it to a longer limitation period and determining that the suit was time-barred as plaintiff ... Court found suit filed husband found to be barred by limitation governed by Article 109, dis....
2021 0 Supreme(Kar) 979 • India - Karnataka
SURAJ GOVINDARAJ
The limitation period for such a suit is under Article 109 of the Limitation Act, and it starts running from the date of possession ... The limitation period for such a suit is under Article 109 of the Limitation Act, and it starts running from the date of possession ... Would the limitation period for such a suit be under #HL....
1960 0 Supreme(AP) 255 • India - Andhra Pradesh
K.RAMACHANDRA RAO, P.CHANDRA REDDY
LIMITATION ACT, 1908 - ARTICLE 109 - SUIT FOR MESNE PROFITS - WRONGFUL RECEIPT OF PROFITS - LIMITATION PERIOD STARTS FROM THE ... Ratio Decidendi: The court held that Article 109 of the Limitation Act applies to a claim for recovery of profits and not ... Finding of the Court: The court held that the suit was governed by Article 109 of the Limitation #HL_STAR....
2006 0 Supreme(Mad) 3567 • India - Madras
K.VENKATARAMAN
Limitation Act, 1963-Article 136-Execution of decree for possession on payment of money-Held, starting point for execution of decree ... for possession would be twelve years from the date of payment of money. ... Thus, according to the learned counsel for the respondent, the time starts only from the date of deposit of the amount. ... The execution application seeking possession of the land, the subject matter of the decree, was filled in April, 1994, admittedly, with....
1981 0 Supreme(MP) 564 • India - Madhya Pradesh
M.D.BHATT
109 of the Limitation Act, 1908 (new Article 51). ... The trial Court held that the claim of the plaintiff as laid, was governed by Article 109 of the Limitation Act, 1908 and since the ... point of it starts from the date when amount is actually recovered.
2020 0 Supreme(Cal) 292 • India - Calcutta
MOUSHUMI BHATTACHARYA
Limitation - Probate Application - Article 137 of the Limitation Act, 1963 - [LIMITATION] - [Probate Application] - [Article 137 ... Issues: The main issue was whether the application for probate was time-barred under Article 137 of the Limitation Act, 1963 ... of the Limitation Act, 1963] - The court discussed the interpretation of Article 137 and concluded th....
2011 0 Supreme(Mad) 3869 • India - Madras
K.MOHAN RAM
Limitation Act - Court Auction Sale - Article 134 of the Limitation Act - Order 21 Rule 95 of the Code of Civil Procedure - [Article ... due to limitation prescribed under Article 134 of the Limitation Act. ... due to limitation prescribed under Article 134 of the Limitation Act. ... Article 134 of the Limitation#HL_....
2025 Supreme(Online)(Kar) 22234 • India - Karnataka High Court
K.S. HEMALEKHA, J
... ... Findings of Court: ... Claim of joint family property not proven, and limitation applies under Article 109. ... (A) Limitation Act, 1963 - Articles 58, 109, and 110 - Suit for partition and declaration that a sale deed is not binding - Plaintiff ... ... ... Issues: Determination of the correctness of the Trial Court's dismissal of the suit and applicability of limitation articles ... It is argued that applying of #HL_STA....
1952 0 Supreme(Pat) 101 • India - Patna
SARJOO PRASAD, REUBEN
LIMITATION ACT - ARTICLE 181 - APPLICATION FOR PERSONAL DECREE AGAINST JUDGMENT-DEBTORS - WHETHER BARRED - RIGHT TO APPLY ACCRUED ... IMPORTED IN LIMITATION ACT. ... Issues: Whether the application for a personal decree against the judgment-debtors is barred under Article 181, Limitation ... The application was contested on the ground that it was barred under Article 180, Limitation Act. ... C. is for purposes of ....
• India - Current Civil Cases
MOUSHUMI BHATTACHARYA
(A) Indian Succession Act, 1925 – Section 276 read with Sections 211 and 213 – Limitation Act, 1963 – Article ... arises in relation thereto – There is no outer limit for filing application for probate and time starts running from the date when ... of CPC are to be followed only in contentious causes – If right to apply for probate is seen as a continuing right, construing Article ... According to counsel, if Article 137 of the #HL_....
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