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Ramchandra Sheshgiri Kamath Vs. Janardan Vishwanath Hegde

Court : Mumbai

Subject : Tenancy

Acts : Code of Civil Procedure (CPC), 1908 - Sections 11; Presidency Small Cause Courts Act, 1882 - Sections 41, 43, 46, 47 and 49; ;Maharashtra Presidency Small Cause Courts (Amendment) Act, 1963

Reported in : AIR1969Bom111; (1968)70BOMLR376; ILR1969Bom766

by law'. It was held by the Privy Council in Hook v. Administrator General 48 Ind App 187= (AIR 1921 PC 11) that the plea … trying the title thereto.6. Extensive amendments were made Chapter VII by the Presidency Small Cause Courts (Maharashtra Amendment) Act, 1963 (Act No.41 of 1963) which came into force on the 28th of November 1963. The first of such … occupant, calling upon him to show cause why he should not be compelled to deliver up the property. Section 43 provides that if the occupant does not appear to show cause, the applicant shall be entitled to an

S.B.P. and Co. Vs. Patel Engineering Ltd. and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 1, 2 to 6, 7, 8, 9, 10, 11, 11(1), 11(2), 11(3), 11(4), 11(5), 11(6), 11(7), 11(8), 11(9), 11(10), 12, 12(3), 13, 14, 15, 16, 16(1), 17, 18 to 27, 28 to 33, 34 to 37, 37(2), 44 to 60, 61 to 81 and 82 to 86; Arbitration Act, 1859; Arbitration Act, 1940 - Sections 2 to 43 and 85; Code of Civil Procedure (CPC) , 1908; Limitation Act, 1963 - Sections 43; United Provinces (Temporary) Control of Rent and Eviction Act, 1947; Kerala Buildings (Lease and Rent Control) Act, 1965 - Sections 18; Constitution of India - Articles 32, 136, 226 and 227; Code of Civil Procedure (CPC) , 1859; Arbitration Act, 1899; Industrial Disputes Act, 1947 - Sections 10 and 10(1); Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3, 7 and 35; Foreign

Reported in : AIR2006SC450; 2006(1)ALD10(SC); 2005(3)ARBLR285(SC); 2006(1)AWC538(SC); 2006(1)BomCR585; [2005]128CompCas465(SC); (2006)2CompLJ7(SC); 2005(5)CTC302; (2006)3GLR2097; [2006(1

to approach the Supreme Court is saved. Chapter X deals with miscellaneous matters. Section 43 makes the Limitation Act, 1963 applicable to proceedings under the Act as it applies to proceedings in Court.7. We will first consider the … (UNCITRAL) has adopted a Model Law for International Commercial Arbitration and the General Assembly of the United Nations has recommended that all countries give due … and Anr. v. Rani Construction Pvt. Ltd. : [2002]1SCR728 has taken the view that it is purely an administrative function, that it is neither judicial nor quasi-judicial and the Chief Justice or his nominee performing the function

Consolidated Engg. Enterprises Vs. Principal Secy. Irrigation Deptt. a ...

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 33, 34, 34(1), 34(2), 34(3), 37, 43, 43(4), 75 and 81; Limitation Act, 1963 - Sections 3, 4 to 24 and 29(2) - Schedule - Articles 116 and 119; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 10A - Order 23, Rules 1 and 2; Uttar Pradesh Sales Tax Rules - Rule 68(5) and 68(6); Constitution of India - Article 226; Arbitration Act, 1940; Uttar Pradesh Sales Tax Act, 1958 - Sections 10 and 10(3B)

Reported in : 2008(6)ALLMR(SC)423; 2008(2)ARBLR139(SC); 2008(3)AWC2908(SC); 2008(5)CTC741; JT2008(6)SC22; (2008)5MLJ431(SC); 2008(6)SCALE748; (2008)7SCC169; 2008AIRSCW4182; 2008(4)AIRKarR428; [2008] 5 SCR 1108

to an application submitted under Section 34 of the said Act. On the contrary, this Court finds that Section 43 makes the provisions of the Limitation Act, 1963 applicable to arbitration proceedings. The proceedings under Section 34 are … 37 of the Act. The issue, namely, whether the provisions of Sections 12 and 14 of the Limitation Act, 1963 are applicable to an application filed under Section 34 of the Act was pending for consideration in other … the Appellate Authority and Revisional Authority were not 'courts' but were merely administrative Tribunals and, therefore, Section 14 of the Limitation Act did not, in … in conflict with the public policy of India.Explanation- Without prejudice to the generality of Sub-clause (ii) of Clause (b), it is hereby declared, for the

Commissioner of Income-tax Vs. Agricultural Marketing Produce Comcommi ...

Court : Delhi

Subject : Direct Taxation

Acts : Delhi Agricultural Market Produce Marketing (Regulation) Act, 1976 - Sections 2, 5, 5(7), (9), (10) and (14), 8, 9, 10, 25, 26, 27, 28, 29, 34, 35, 39 and 65; Income-tax Act, 1961 - Sections 10(20) and 256(1); General Clauses Act, 1897 - Sections 3(31); Delhi Agricultural Produce Marketing (Regulation) General Rules, 1978; Constitution of India - Article 239; Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966; Land Acquisition Act, 1894; Delhi Development Act - Sections 3, 4, 5, 30, 37, 52, 56 and 59; Gujarat Agricultural Produce Markets Act, 1963

Reported in : (2001)165CTR(Del)298; [2001]250ITR369(Delhi)

Section 10(20) of the Income-tax Act read with Section 3(31) of the General Clauses Act, 1897 ?2, Whether, on the facts and in the circumstances … Bombay High Court examined the question whether the market comcommittee constituted under the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963, to which reference has been made, was a local authority. After examining various clauses of the Act, it … to constitute a local authority, is absent and over all dominionof power lies with the board or the administrator. The above being the position, one of the major ingredients required to make a body a local authority … enquiry by the board and submission of statements to the board (section 43)(vi) Duty of officers, servants and members of market comcommittee to furnish information

S.C. Sons (P) Ltd. Vs. Sm. Brahma Devi Sharma and ors.

Court : Kolkata

Subject : CivilLimitation

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 104 and 151 - Order 9, Rule 9 - Order 43, Rule 1; ;Limitation Act, 1963 - Section 3(2) - Schedule - Article 122

Reported in : AIR1986Cal437

Dassi. : AIR1950Cal217 . Nanaial M. Verma & Co. (Gunnies) P. Ltd. v. Gordhandas Jerambhai. : AIR1965Cal547 . Administrator General of West Bengal v. Kumar Purnendu Nath Tagore, : AIR1970Cal231 , Tulsiram Bhagwandas v. Sitaram Srigopal, : … even if it is held that the application is made within the period of limitation provided by Limitation Act, 1963 viz., Article 122 thereof. It was further submitted that the Court has no inherent jurisdiction to recall the … any event barred by limitation. Reference was made in this connection to Section 3(2)(c) of the Limitation Act, 1963 (hereinafter referred to as the Limitation … and that it is not an appealable order in view of Order 43 of the CPC. It was further submitted that it was also not

V. Balachandran Vs. Union of India and Another

Court : Chennai

Subject : Company

Acts : Companies Act, 1956 - Sections 2, 4, 10A, 10E, 10E(2), 10F, 17, 18, 19, 49(10), 79, 141, 155, 186, 203, 240, 303, 388B, 397, 398, 401, 402, 403, 404, 406 and 642; Constitution of India - Articles 13(2), 14 and 226; Company Law Board Members (Qualifications and Experience) Rules, 1989 - Rules 3, 4, 4(1), 4(3), 5 and 10

Reported in : [1993]76CompCas67(Mad)

the machinery of administration. The head of the Lord Chancellor's Department and the Treadury solicitor,being both lawyers and administrators, were able to appreciate both viewpoints, but other goverment Departments trongly pressed the 'administrative view', Withnesses from the … law or fact committed by a judicial or quasi-judicial body cannot, in general, be impeached otherwise than on appeal unless the erroneous determination relates to … 4 of the Companies (Amendment) Act (53 of 1963), with effect from January 1, 1964, only to … a private company from the consequence of accidental failure to comply with conditons constituting it a private company (section 43), to direct an immediate inspection register of investments if inspection is refused ( section 49(10)), to pass an … sought a declaration that the provisions of section 10E(2) of the Companies Act, 1956 (Act 1 of 1956), are illegal, void and ultra vires the

The State Wakf Board, Madras Vs. Subramanyam and ors.

Court : Chennai

Subject : Trusts and Societies

Acts : Limitation Act, 1963 - Schedule - Article 96; Limitation Act, 1908 - Schedule - Article 134-B and 134-C

Reported in : AIR1977Mad79

of the charity and the word is one of very wide and general import. As a matter of fact, the judgment of Natarajan. J., has … below erred in holding that even on the application of Article 96 of the schedule to the Limitation Act, 1963, the suits are barred by limitation. According to the Courts below, it is Article 96 of the Limitation … is not a term of art. The said word denotes the person who is in charge of the administration of the endowment or manages the property or supervises the performance of the charity and the word is … had been lost to the trust by inadvertent action of the Muthavalli. Section 15 of the Act which specifies the functions of the Wakf Board … point of view. Neither Section 42 nor Section 43-A of the Wakf Act on which reliance has

M/s. Silpi Industries Vs. Kerala State Road Transport Corporation

Court : Supreme Court of India

Subject : Land Acquisition

of Section 7 of the 1996 Act. Applicability of Limitation Act, 1963 to the arbitrations is covered by Section 43 of the 1996 Act. The High Court, while referring to abovesaid provisions and the judgment of this Court … being a special Statute, will have an overriding effect vis-à-vis Arbitration and Conciliation Act, 1996, which is a general Act. Even if there is an agreement between the parties for resolution of disputes by arbitration, if a seller … paragraph 5 of the judgment and answered by the High Court, read as under: ―(a) Whether the Limitation Act, 1963 applies to arbitration proceedings held under the IDPASC and MSMED Acts?. (b) Which is the starting point of … of India in the Ministry or Department of the Central Government having administrative control of the small and medium enterprises who shall be the Chairperson,

Sbi General Insurance Co. Ltd. Vs. Krish Spinning

Court : Supreme Court of India

Subject : Arbitration

JURISDICTION CIVIL APPEAL No.7821 OF2024(ARISING OUT OF SLP (C) No.3792 OF2024 SBI GENERAL INSURANCE CO. LTD. …APPELLANT VERSUS KRISH SPINNING …RESPONDENT WITH CIVIL APPEAL No.7822 … and efficient disposal at the referral stage. “148. Section 43(1) of the Arbitration Act states that the Limitation Act, 1963 shall apply to arbitrations as it applies to court proceedings. Sub-section (2) states that for the purposes of … observed that the power exercised by the referral court under Section 11 of the Act, 1996 is an administrative power and thus the Chief Justice or his designate do not have to decide any preliminary issue at

Harshawadan Bandivadekar Vs. Taramati Harishchandra Ghanekar and ors.

Court : Mumbai

Subject : Contempt of Court

Acts : Contempt of Courts Act, 1971 - Sections 15(2), 19 and 20; Limitation Act, 1963 - Sections 3, 4 to 24 and 29(2); Arbitration and Conciliation Act, 1996 - Sections 34 and 43; Constitution of India - Articles 129 and 215; Allahabad High Court Rules - Rule 5

Reported in : 2009(1)BomCR170

a contempt proceedings.f) (Earth Designers and Developers Pvt. Ltd. v. M.K. Patil, Administrator General and Official Trustee of Maharasthra State) : (2006)6SCC566 .The learned Single … the respondent Nos. 1-6 have not shown 'sufficient cause' within the meaning of Section 5 of the Limitation Act, 1963 in their Affidavit in Support of Notice of Motion No. 186/2007, nor have they fully explained the cause … appellant argued that in view of the civil nature of arbitration proceedings as also in the light of Section 43 of the 1996 Act, the Limitation Act would be applicable. Countering this, the Counsel for the respondent argued