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The Hindustan Forest Company Vs. Lal Chand and ors.

Court : Supreme Court of India

Subject : Limitation

Acts : Jammu and Kashmir Limitation Act, 1955 - Schedule - Article 115; Indian Limitation Act, 1908 - Schedule - Article 85

Reported in : AIR1959SC1349; [1960]1SCR563

account' - Article 115 Schedule to Jammu and Kashmir Limitation Act, 1955 and Article 85 Schedule to Indian Limitation Act, 1908 ( sellers undertook to make delivery of goods and buyer agreed to pay ( buyer made part payment

Malathy Amma and anr. Vs. Jos, Son or Kattukkaran Varu and ors.

Court : Kerala

Subject : CivilLimitation

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 9 and 47 - Order 21, Rules 84 and 85; Limitation Act, 1908 - Schedule - Article 181

Reported in : AIR1964Ker68

Order 21 Rules 84 and 85 of Code of Civil Procedure, 1908 and Article 181 of Schedule to Limitation Act, 1908 - effect of nullity of Court sale on subsequent suit for recovery of possession filed by judgment debtor

The Tea Financing Syndicate Ltd. Vs. Chandra Kamal Bez Barua

Court : Kolkata

Subject : Property Limitation

Reported in : AIR1931Cal359

case is whether or not the plaintiff's claim in view of Article 85 of the Schedule to the Limitation Act of 1908, is barred, save as regards the sum of Rs. 909-7-0 being the amount of six items

Syed Fahim Arif and anr. Vs. Rahmatunnisa Begum and anr.

Court : Andhra Pradesh

Subject : Civil

Acts : Evidence Act, 1872 - Sections 57, 57(6), 65, 82, 85 and 90; Stamp Act; Notaries Act, 1957; Indian Registration Act - Sections 33; Indian Diplomatic and Consular Officers (Oath and Fess) Act, 1948 - Sections 3; Limitation Act, 1908 - Schedule - Article 142; Limitation Act, 1963 - Schedule - Article 65; Code of Civil Procedure (CPC) - Order 41, Rule 27; Muslim Law; Mohammedan Law

Reported in : 2005(3)ALD545

be non-suited unless defendant proves adverse possession for prescriptive period and the provisions of Article 142 of the Limitation Act, 1908 wherein plaintiff had to prove not only title but also possession within 12 years of the date of … property is available to her it may be under a different survey number and definitely not the plaint schedule property. The Counsel also pointed out that Exs.A-1 to A-3 clearly refer S. No. 1 17 and Plot … definitely cannot be sustained especially in the light of Sections 82 and 85 of the Indian Evidence Act 1872. The Counsel also made elaborate submissions

Tatineni Tulasi Lavanya Vs. Gogineni Sujatha and Others

Court : Andhra Pradesh

Subject : Election

Acts : Hyderabad Municipal Corporation Act, 1955 - Sections 71, 75 and 671; Constitution of India - Article 227; Limitation Act, 1963 - Sections 2, 4 to 24 and 29(2) - Schedule - Article 137; Election Rules, 1987 - Sections 71, 72, 79 and 80, Rules 71 and 85; Limitation Act, 1908 - Schedule - Article 181; Representation of People Act, 1951 - Sections 81, 82, 86, 116A (3) and 117; Andhra Pradesh Panchayat Raj (Elections Tribunals in respect of Grampanchayats, Mandal Parishads and Zilla Parishads) Rules, 1995; Mysore Village Panchayats (Elections of the Chairman and the Vice-Chairman) Rules, 1959

Reported in : 2001(2)ALD110; 2001(2)ALT229

or application referred to in this Act the provisions of Sections 5, 12 and 13 of the Indian Limitation Act, 1908 shall so far as may be, apply. (2) When no time is fixed by this Act for the … if the special law or local law prescribes any period of limitation different from the period prescribed under schedule of the Limitation Act, then only Sections 4 - 24 will be applicable if they are not specifically … The sole question that arises for consideration in thisrevision petition filed under Article 227 of the Constitution of India is, whether Section 5 of the … AIR1999SC3101 ; 2. Tarun Prasad Chatterjee v. Dinanath Sharma, 2000 (7) Supreme 85; 5. On the other hand, learned Counsel for the respondents Sri Y.

The Trustees of the Port of Bombay Vs. Jayantilal L. Gandhi

Court : Mumbai

Subject : CustomsLimitation

Acts : Bombay Port Trust Act, 1879 - Sections 61-A(2), 64, 64-A, 67, 67-A and 85; Limitation Act, 1963 - Sections 30 - Schedule - Article 113; Limitation Act, 1908 - Schedule - Article 120

Reported in : AIR1979Bom12; (1978)80BOMLR393; 1979MhLJ411

by limitation.8. Mr. Daji, on the other hand, on behalf of the appellants, submitted that as under the Limitation Act, 1908, under Article 120 thereof, the limitation prescribes for such suits was six years, having regard to the provisions … be applicable and it provides for-'Any suit for which no period of limitation is provided elsewhere in the Schedule.'In the first Schedule to that Act a suit has to be instituted within a period of three years … Notwithstanding anything contained in the seven sections last preceding and in Section 85, the Board may recover by suit any tolls, dues, rents, rates, charges,

Girija Prasad Paul Vs. the Corporation of Calcutta and ors.

Court : Supreme Court of India

Subject : Tenancy

Acts : West Bengal Non-Agricultural Tenancy Act, 1949 - Sections 2(5), 7 and 85; Limitation Act, 1908 - Schedule - Articles 11A and 120; Code of Civil Procedure (CPC) - Order 21, Rule 97

Reported in : AIR1972SC2391; (1972)4SCC547

on the ground that it was barred by limitation under Article 11A of the First Schedule to the Limitation Act, 1908. Apart from Article 11-A, one should have thought that, on the very face of it, the suit for … Section 7 of the Act was not claimable by him. In the second place by virtue of Section 85 of the Act, neither the Banerjees nor the sub lessee, the plaintiff, would be entitled to claim a

Firm Kamta Prasad Jagannath Prasad Vs. Gulzari Lal and anr.

Court : Allahabad

Subject : Limitation

Acts : Limitation Act, 1908 - Sections 3 and 4 to 25 - Schedule - Article 85; Uttar Pradesh Temporary Postponement of Execution of Decrees Act, 1937 - Sections 5; Government of India Act, 1935 - Sections 107(2)

Reported in : AIR1955All41

account, where there had been reciprocal demands between the parties and the Article applicable to the case is Art. 85, Limitation Act.'3. On this point, … of 1937), Section 5 of which provides that :'in computing the period of limitation prescribed by the Indian Limitation Act, 1908 .... for the institution of a suit in a civil court againstan agriculturist for money .... the period … AIR1938All217 , where the learned Judges took the view that the period prescribed meant prescribed in the first Schedule. The same view was taken by a Division Bench which followed the Full Bench in the case of

Mrs. Margaret Lalita Samuel Vs. the Indo Commercial Bank Ltd.

Court : Supreme Court of India

Subject : Limitation

Acts : Limitation Act, 1908 - Schedule - Articles 57 and 115; Constitution of India - Articles 133, 136, 142 and 316;

Reported in : AIR1979SC102; [1979]49CompCas86(SC); (1979)2SCC396; [1979]1SCR914

independent loan, limitation for the recovery of which was determined by Article 57 of the schedule to the Limitation Act, 1908. Limitation, according to the learned Counsel, started to run from the date of each loan. He relied on … a sum of Rs. 1,50,000/- from her. It was stated in the plaint that a sum of Rs. 85,453-1-0 was remitted and the suit was laid to recover the sum of Rs. 1,50,000/- only. Alongwith the plaint

Commercial and Industrial Bank Ltd., Gunfoundry Through Manager Viswan ...

Court : Andhra Pradesh

Subject : LimitationCivil

Acts : Limitation Act, 1908 - Sections 19 - Schedule - Article 85; Limitation Act, 1963 - Schedule - Article 1; Code of Civil Procedure (CPC) , 1908 - Sections 96 - Order 20, Rule 19(1)

Reported in : AIR1966AP246

and Cross-objections remanded. Limitation - recovery of amount - Article 85 and Explanation 1 to Section 19 of Limitation Act, 1908 and Order 20 Rule 19 (1) and Section 96 of Code of Civil Procedure, 1908 - respondent had … the defendants is a mutual, open and current account within the meaning of Article 85 of the First Schedule to the Indian Lim. Act and that the period of limitation is three years from the close of