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Union of India (Uoi) Represented by the General Manager, Southern Rly. ...
Kerala
Feb-05-1960
CivilLimitation
Provincial Small Cause Courts Act, 1887 - Sections 25; Code of Civil Procedure (CPC) , 1908 - Sections 115; Railways Act, 1890 - Sections 77; Limitation Act, 1908 - Schedule - Article 31
AIR1960Ker306
can be no doubt that the article applicable is Article 31, of the first schedule to the Indian Limitation Act, 1908, which provides a period of one year for suits 'against a carrier for compensation for nondelivery of, or
Tag this Judgment! AI Brief & AskChinna Jeeyangar Mutt, Thirupathi Vs. C.V. Purushotham and ors.
Andhra Pradesh
Mar-16-1973
PropertyLimitation
Limitation Act, 1963 - Schedule - Articles 31 and 96; Limitation Act, 1908 - Schedule - Article 134-B; Hindu Law
AIR1974AP175
effect to the recommendations of the Commission as aspects the re-arrangement of the Articles contained in the First Schedule in accordance with their subject-matter and the rationalisation of the periods of limitation as far as possible it … Years.The death, resignation or removal of the seller.13. The Law Commission observed in its 3rd report relating to Limitation Act, 1908 in paragraph 123 as follows :'The starting point of limitation for suits covered by Art. 134-B is the … applied to this case on account of the prohibition contained in Section 31 of the Limitation Act. According to his contention, it is only those … But in this case there is no such evidence. The scope of Article 96, according to the learned Advocate-General has not come up for decision
Tag this Judgment! AI Brief & AskBhagwan Dass Rama Shanker (Dead) Through Lrs. Vs. Union of India (Uoi) ...
Supreme Court of India
Feb-25-1999
CommercialLimitation
Limitation Act, 1908 - Schedule - Article 31; Limitation (Amendment) Act, 1963 - Schedule - Article 11
AIR2000SC3634; (1999)9SCC278
concerned but found that the suit was barred by limitation in view of Article 31 of the Indian Limitation Act, 1908 (Article 11 of 1963 Act) and accordingly dismissed the suit. The plaintiff filed the second appeal in the … non- delivered.delivery of, or delay indelivering, goods.___________________________________________________________________________4. From a perusal of column 3 of the extract of the Schedule to the Limitation Act, it is clear that in a suit against a carrier for compensation for non-delivery
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Firm of S.P.A. and A.R. Chockalingam Chettiar Vs. National Steamship C ...
Kerala
Sep-09-1957
CivilLimitation
Limitation Act, 1908 - Schedule - Articles 31 and 48; Sea Customs Act, 1878 - Sections 29; Evidence Act, 1872 - Sections 29 and 115
AIR1958Ker47
costs of both the Courts. Civil - compensation for non-delivery - Articles 31 and 48 of Schedule to Limitation Act, 1908, Section 29 of Sea Customs Act, 1878 and Sections 29 and 115 of Evidence Act, 1872 - plaintiffs … of the date when the goods should have been de-livered did not involve a bar of limitation under Article 31 of the Limitation Act. For, according to its finding as to conversion, the suit was governed by the
Tag this Judgment! AI Brief & AskAbdulrahiman Beary Vs. Abdulkhadar Beary
Kerala
Feb-22-1961
Limitation
Limitation Act, 1908 - Schedule - Article 31
AIR1962Ker56
of the respondents in this Second Appeal. Limitation - barred by limitation - Article 31 of Schedule to Limitation Act, 1908 - suit for recovery of certain amount being value of goods entrusted for transport to Bombay with defendants
Tag this Judgment! AI Brief & AskSurajmal and anr. Vs. Mangilal and anr.
Rajasthan
Jan-10-1977
Limitation
Limitation Act, 1908 - Schedule - Articles 142 and 144; Limitation (Amendment) Act, 1963 - Sections 31 - Schedule - Article 64
AIR1978Raj22; 1977()WLN22
June 1963. The court held that the suit being for possession after dispossession fell within Article 142 of Schedule 1 of the Limitation Act, 1908. The plaintiffs having failed to prove their possession within 12 years from … the view taken in 1971 Raj LW 492 require reconsideration regarding the applicability of Article 142 of the Limitation Act, 1908, on account of the legislative changes brought about by Articles 64 and 65 of the Limitation Act, 1963? … force. The learned single Judge, has not. made any reference to Section 31 of the new Act. which reads as follows :-- 'Section 31.-- Nothing
Tag this Judgment! AI Brief & AskThe Governor-general in Council, Owning the Madras and Southern Mahrat ...
Chennai
Nov-25-1949
LimitationCivil
Limitation Act, 1908 - Schedule - Article 31; Code of Civil Procedure (CPC), 1908 - Order 41, Rule 27; Provincial Small Cause Courts Act, 1887 - Sections 25
AIR1950Mad438
This civil miscellaneous petition is therefore dismissed. Limitation - recovery - Articles 30 and 31 of Schedule to Limitation Act, 1908 - suit for recovery of price of certain goods - whether suit barred under Articles 30 or 31 … J.1. The main and important point for consideration is whether the suit is barred under Article 30 or Article 31, Limitation Act. The plaintiff's suit was for recovery of the price of certain goods, namely, bales of cotton
Tag this Judgment! AI Brief & AskJadeja Kiratsinhji Anandsinhji Vs. Patel Kana Vela
Gujarat
Oct-17-1962
Limitation
Limitation Act, 1908 - Sections 1 and 3 - Schedule - Articles 110 and 120; Debt Laws; Saurashtra Agricultural Debtors Relief Act, 1954 - Sections 2(5), 3, 29, 30(2) and 31; Saurashtra Land Reforms Act, 1951 - Sections 13-B and 62; Code of Civil Procedure (CPC) , 1908 - Sections 115
AIR1964Guj122; (1964)0GLR515
a tenant to the landlord, and, as such, it is contended that Article 120 of Schedule I to the Limitation Act is applicable and the … shall be entertained for the recovery of rent a suit for which has become barred under the Indian Limitation Act, 1908, at the date of such application.' It is, therefore, clear that in respect of liability to pay rent … every suit instituted, appeal preferred, and application made, after the period of limitation prescribed therefor by the first schedule shall be dismissed, although limitation has not been set up as a defence.' Evidently a proceeding before an … Ramkissen v. E. D. Sassoon and Co. AIR 1929 PC 103 : 31 Bom LR 741 and the principle that an arbitrator acting under an
Tag this Judgment! AI Brief & AskT. 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
the appellants. The appellants further alleged that the suits were barred by limitation under Article 134-B of the Limitation Act, 1908. An additional plea was also taken by the appellants that they had also perfected the title in respect … court that the suits were filed within the limitation period as prescribed under Article 96 of the First Schedule to the Limitation Act, 1963 whereas the Trial Court had held that the suits were barred by limitation … 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
Tag this Judgment! AI Brief & AskMangalji Chotelal and anr. Vs. State of Rajasthan
Rajasthan
Mar-04-1970
Constitution
Constitution of India - Article 31(2); Rajasthan Gram and Gram Products (Export Control) Order, 1953; Rajasthan Foodgrains (Rabi) Monopoly Procurement Order, 1952; Rajasthan Goodgrains (Rahi) Procurement Order, 1953; Essential Supplies (Temporary Powers) Act, 1946 - Sections 3; Code of Civil Procedure (CPC) , 1908 - Sections 34 - Order 2, Rule 2; Limitation Act, 1908 - Schedule - Articles 2 and 49
AIR1971Raj167
the question of limitation, the Court held that the suit was governed by Article 36 of the Indian Limitation Act, 1908 and thus it was barred by limitation having been filed after 38 months of the accrual of the … of Rajasthan procured gram from, the plaintiff from 7th April, 1953, to 3rd September. 1953, as shown in Schedule 1 attached with the plaint in pursuance of the latter part of Clause 5 regarding taking of 40% … were ultra vires of the Constitution of India being hit by Article 31(2) thereof, because the law, that is the Essential Supplies (Temporary Powers) Act.
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