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T. Kaliamurthi and anr. Vs. Five Gori Thaikal Wakf and ors.
Supreme Court of India
Aug-01-2008
LimitationProperty
Limitation Act, 1908 - Schedule - Articles 134, 134A, 134B, 142 and 144; Limitation Act, 1963 - Sections 3, 10, 27, 28, 31, 52A and 107 - Articles 64, 65, 94 and 96; Wakf Act, 1995 - Sections 2, 83, 85, 107, 112, 112(1), 112(2) and 112(3); General Clauses Act, 1897 - Sections 6; ;Tamil Nadu Wakf (Amendment) Act, 1982 - Sections 59A and 59B; Wakf Act, 1954 - Sections 59A, 59B and 66G; Wakf (Amendment) Act, 1984; Public Property (Extension of the Limitation) Act, 1959; Public Works (Extension of Limitation) Act; Administration of Evacuee property Act, 1950 - Sections 58 and 58(3)
AIR2009SC840; 2008(5)ALLMR(SC)462; (SCSuppl)2009(1)CHN25; JT2008(9)SC115; 2009(1)MhLj43; (2008)7MLJ534(SC); 2008(11)SCALE52; (2008)9SCC306
of the intention to exclude the application of Section 6 of the General Clauses Act.... Subsection 3 of Section 58, Administration of Evacuee property Act, 1950 purports to indicate the effect of the repeal, both in negative and … dismissing the suit on limitation, the trial court held that in view of Section 31 of the Limitation Act, 1963, the claim could not be revived under the provisions of the Limitation Act, 1963. Feeling aggrieved by the … submitted that the Wakf Act only kept alive the appurtenant etc. or administrative actions in its negative sense but destroyed that vested rights in positive
Tag this Judgment! AI Brief & AskGuna Gaonkar and anr. Vs. Administrative Tribunal and ors.
Mumbai
Feb-03-2006
Limitation
Limitation Act, 1963 - Sections 3, 4 to 24, 29(2) and 55 - Schedule - Articles 26, 114, 250 and 255; Code of Civil Procedure (CPC) , 1908 - Order 21; Land Acquisition Act, 1894 - Sections 18; Motor Vehicles Act, 1939 - Sections 58(3); Code of Criminal Procedure (CrPC) , 1898 - Sections 378(2) and 417(4); Limitation Act, 1908 - Sections 4, 5, 9 to 18 and 22
2006(3)ALLMR389; 2006(3)BomCR46
on 31.1.01 against its order dated 8.3.2000 to be considered by the General Body of the Devasthan in terms of the provisions comprised under the … the applicability or non-applicability of the provisions of law comprised under Sections 4 to 24 of the Limitation Act, 1963. Section 5 of the Limitation Act which deals with the power to condone the delay specifically provides that : … Motor Vehicles Act, 1939 and considering the provisions of Section 29(2) of the Limitation Act as well as Section 58(2) of the Motor Vehicles Act, held that Section 29(2) of the Limitation Act, 1963 makes Section 5 applicable … J. 1. The petitioners challenge the order dated 21.5.2001 passed by the Administrative Tribunal, Goa in Devasthan Appeal No. 46/01 as being contrary to the
Tag this Judgment! AI Brief & AskThe Property Company (P) Ltd. versus Rohinten Daddy Mazda
Supreme Court of India
Jan-07-2026
Land Acquisition
[2026] 1 S.C.R. 227
of the periodof limitation are contained in Sections 12 to 24 included in Part III of the Limitation Act, 1963. Section 5 is not a provision dealing with “computation of the period of limitation”. It is only after the … quasi-judicial body, could be said to have the power to condone the delay in filing an appeal under Section 58(3) of the Act, 2013? .................................... 25 a. The Act, 1963, per say, does not apply to quasi-judicial bodies … exercising jurisdiction under the Sales Tax Act, are “courts”. They are merely Administrative Tribunals and “not courts”. Section 14, Limitation Act, therefore, does not, in … 5 must receive liberal construction so as to advance substantial justice and generally delays in bringing the appeal are required to be condoned in the
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Nalgonda Co-op. Marketing Society Ltd. Vs. Labour Court and ors.
Andhra Pradesh
Mar-18-1993
Labour and Industrial
Industrial Disputes Act, 1947 - Sections 7; Andhra Pradesh Shops and Establishments Act, 1966 - Sections 41(3); Limitation Act, 1963 - Sections 5; Code of Civil Procedure (CPC)
1993(2)ALT661; 1993(2)ALT661; [1995(70)FLR680]; (1994)IILLJ716AP; (1994)IILLJ716SC
Limitation Act, 1963 was applicable to an application made for renewal of a permit under Sub-section (2) of Section 58 of the Motor Vehicles Act, 1939. A permit can be renewed on an application made for that purpose … situations which fall outside their purview. These provisions do not adumbrate any general principles of substantive law nor do they confer any substantive rights on … of the Act would not be justified'.12. After the Indian Limitation Act, 1908 was repealed by the Limitation Act, 1963, an identical point was raised before a Bench of two learned Judges of the Supreme Court in Town … by the State and are invested with judicial as distinguished from purely administrative or executive functions. The same view has been reiterated by the Supreme
Tag this Judgment! AI Brief & AskH.L. Rodhey and ors. Vs. Delhi Administration and ors.
Delhi
Aug-14-1968
Constitution
Constitution of India - Articles 1(3), 3, 12, 14, 16, 239, 258(1), 309, 311, 311(2), 361(1), 367(1), 372, 372-A; Delhi Administration Subordinate Ministerial Executive Service Rules, 1967 - Ruels 3, 5, 6, 7, 8, 9, 12 and 13; General Clauses Act, 1897 - Sections 3(58); Government of Union Territories Act, 1963 - Sections 2(1), 47 and 55; Adaptation of Laws Order, 1950; Adaptation of Laws (Amendment) Order, 1956; Constitution of India (Seventh Amendment) Act, 1956; Evidence Act, 1872 - Sections 123 and 124; Bombay Reorganisation Act, 1960 - Sections 87; Punjab Educational Service (Provincialised Cadre) Class 3, Rules, 1961 - Rule 6(3); Land Acquisition Act
AIR1969Delhi246
in view of the definition of 'State' in Section 3 of the General Clauses Act. Rules for the services of the Union Territory could not, … nto be proper, thereforee, to try to apply these decisions to Union Territories.Already, the Government of Union Territories Act, 1963 has in Section 55 thereof enacted that all contracts in connection with the Administration of a Union Territory … ORDER1. This Writ Petition along with the connected Writ Petitions, 530/68 (Darshan Kumar Puri v. Delhi Administration) and 508/1968 (M. Prasad v. Delhi Administration) has been tiled by certain Ministerial employees of the Delhi Administration,
Tag this Judgment! AI Brief & AskDadha Pharma Pvt. Ltd. Vs. State of Kerala
Kerala
Jul-18-1990
Sales Tax
Kerala General Sales Tax Act, 1963 - Sections 39, 58 and 59A
[1991]81STC254(Ker)
January, 1984. The Deputy Commissioner, Ernakulam, acting suo motu under Section 35 of the Kerala General Sales Tax Act, 1963, invited objections of the petitioner, and then relying upon a clarification issued by the Government in G.O. (R) … It cannot be said that the power under Section 59-A also partakes of the character of delegated legislation. Section 58 gives the Government the power to add, omit, or amend any entry in the First Schedule or Second … done ?(e) While exercising powers under Section 59-A, does the Government act administratively or quasi-judicially ?(f) What is the scope and content of the determination
Tag this Judgment! AI Brief & AskSri Tribhanga Bihari Bhanja and ors. Vs. Sri Prahlad Chandra Tung and ...
Kolkata
Aug-02-2005
Property
West Bengal Estates Acquisition Act, 1953 - Section 44(2); ;Limitation Act, 1963 - Section 5; ;Code of Civil Procedure (CPC) , 1908 - Section 100 - Orders 1, Rule 9 - Order 22, Rule 4(A) and 4(4) - Order 41, Rules 25 and 27
(2006)3CALLT415(HC)
substitution of the legal representative of the defendant under this rule within the period specified in the Limitation Act 1963 (36 of 1963), and the suit has, in consequence abated and(b) the plaintiff applies after the expiry of … the absence of a person representing the estate of the deceased person, or may by order appoint the Administrator-General, or an officer of the Court or such other person as it thinks fit to represent the estate … in the name of the defendants. The plaintiffs filed an objection under Section 44(2a) of the West Bengal Estates Acquisition Act for rectification of the
Tag this Judgment! AI Brief & AskShantilal Ambalal Mehta Vs. M.A. Rangaswamy
Mumbai
Apr-22-1977
Constitution
(1977)79BOMLR633; 1977MhLJ587
the provisions of the) Customs Act, 1962, and the Customs Valuation Rules, 1963, the provisions of Rule 8 of the Customs Valuation Rules have been … provisions in Articles 131A, 226, 226A and 228A of the Constitution of India read with the provisions of Section 58 of the Constitution (Forty-second Amendment) Act, 1976 hereinafter referred to as 'The Amending Act'. These thirteen petitions are, … jurisdiction of the High Court in cases relating to public services. Article 323A provides for the constitution of administrative tribunals for adjudication or trial of disputes and complaints with respect to recruitment and conditions of service of … as substituted by Section 38.(2) In particular, and without prejudice to the generality of the provisions of Sub-section (1), every pending petition before a High
Tag this Judgment! AI Brief & AskChidananda Urs B.g Vs. The State Of Karnataka
Karnataka
Aug-11-2022
Land Acquisition
Lokayukta Arguments advanced by Sri 152-163 Prabhuling K. Navadgi, XIII learned Advocate General for the respondent/State XIV Points for determination 163-164 XV Consideration 164-280 XVI … 1st respondent cannot constitute an independent Police Force when the field is occupied by 55 the Karnataka Police Act, 1963. The Lokayukta Police was established under the provisions of the KL Act and therefore backed by statute. However, … MONESH KUMAR, ADVOCATE) 5 AND:1. . THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, VIDHANA SOUDHA, BENGALURU-560 001. 2 . KARNATAKA LOKAYUKTA REPRESENTED BY ITS REGISTRAR, MULTISTOREYED BUILDING, BENGALURU-560 001. 3 … short) for the purpose of investigation in consonance with the provisions of Section 17 of the Prevention of Corruption Act (‘PC Act’ for short). By … 90-110 Karnataka Lokayukta in W.P. No.IV193862016, W.P. No.23622/2016, 58252-58256/2017, 3109-113/2018, 4319-4328/2018 and 47109/2018 Arguments advanced by Sri
Tag this Judgment! AI Brief & AskSri. K.t. Nagaraja Vs. The State Of Karnataka
Karnataka
Aug-11-2022
Land Acquisition
Lokayukta Arguments advanced by Sri 152-163 Prabhuling K. Navadgi, XIII learned Advocate General for the respondent/State XIV Points for determination 163-164 XV Consideration 164-280 XVI … 1st respondent cannot constitute an independent Police Force when the field is occupied by 55 the Karnataka Police Act, 1963. The Lokayukta Police was established under the provisions of the KL Act and therefore backed by statute. However, … MONESH KUMAR, ADVOCATE) 5 AND:1. . THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, VIDHANA SOUDHA, BENGALURU-560 001. 2 . KARNATAKA LOKAYUKTA REPRESENTED BY ITS REGISTRAR, MULTISTOREYED BUILDING, BENGALURU-560 001. 3 … short) for the purpose of investigation in consonance with the provisions of Section 17 of the Prevention of Corruption Act (‘PC Act’ for short). By … 90-110 Karnataka Lokayukta in W.P. No.IV193862016, W.P. No.23622/2016, 58252-58256/2017, 3109-113/2018, 4319-4328/2018 and 47109/2018 Arguments advanced by Sri
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