Advanced Search Results

Sehat Ali Khan and anr. Vs. Abdul Qavi Khan and ors.

Court : Allahabad

Subject : Limitation

Acts : Limitation Act, 1908 - Sections 12(2) and 29(2); Allahabad High Court Rules - Rule 7; Code of Civil Procedure (CPC) , 1908

Reported in : AIR1956All273

this Court under the Letters Patent constitute a special or local law within the meaning of Section 29(2), Limitation Act, 1908, and that accordingly the provisions of Section 12 of that Act will apply for the purpose of determining … used the expression 'the period of limitation prescribed therefor, by the first schedule' and in Section 4 and Sections 12, 16 and other sections the words are 'the period of limitation prescribed', a difference in the meaning was

Samudrala Nagabhushanam Vs. Venkana Raghavayya

Court : Andhra Pradesh

Subject : Limitation

Acts : Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 - Sections 22; Andhra Pradesh High Court Appellate Side Rules, 1958 - Rules 23(1), 41, 41A and 41A(2); Limitation Act, 1908 - Sections 3, 12 and 29(2) - Schedule - Articles 29(2) and 156; Code of Civil Procedure (CPC), 1908 - Sections 25, 115 and 122; Provincial Small Cause Courts Act - Sections 25; Madras Buildings (Lease and Rent) Control Act, 1949; Hyderabad (Rent, Eviction and Lease) Control Act, 1954 - Sections 3(1) and 20; Representation of the People Act - Sections 116A(3); Constitution of India - Articles 225 and 372; Charter Act; Government of India Act - Sections 14, 21, 25, 30(2) and 35; Code of Criminal Procedure (CrPC) , 1898

Reported in : AIR1968AP70

full appraisal of the respective contentions, it may be useful to state the history of Rule 41-A.5. The Limitation Act of 1908 had not prescribed any period for filing revisions to the High Court under Section 115 of … meaning of Article 29(2) of the Limitation Act, and that consequently Section 12 of the Limitation Act is attracted and the time taken for obtaining … We have, therefore, no hesitation in rejecting this argument.24. It is also argued by the learned counsel that Sections 17, 21, 25, 30(2)(b) and 35 of the Act all contemplated and provided for a special procedure in

Lalji Raja and Sons Vs. Firm Hansraj Nathuram

Court : Supreme Court of India

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Sections 2(5), 2(12), 13, 14(2), 20, 20(1) 38, 39, 39(1), 40, 43, 45, 48, 48(1), 48(2), 122 and 125; Limitation Act, 1908 - Sections 14(2) - Schedule - Articles 181 and 183

Reported in : AIR1971SC974; (1971)1SCC721; [1971]3SCR815

this case, the limitation prescribed in Section 48 of 'the Code' is extended under Section 14(2) of the Limitation Act, 1908. Both those courts have concurrently come to the conclusion that the previous execution proceedings had been prosecuted by … to which 'the Code.' apphed, the decree could not have been transferred to it. It further held that Sections 38 and 39 of 'the Code' did not afford jurisdiction for such a transfer. It may be noted … court of Sub-Judge, Bankura (West Bengal) for a sum of over Rs. 12,000/-, on December 3, 1949. On March 28, 1950 they applied to the

Commissioner Customs Department Vs. Smt. Nirmala Mitra

Court : Patna

Subject : CustomsLimitation

Acts : Customs Act, 1962 - Sections 130A; Limitation Act, 1963 - Sections 5 and 29(2)

Court has observed that Section 5 could not be applied under the old Section (Section 5 of the Limitation Act, 1908) to periods of limitation prescribed by special or local law, but under the present Section it would apply … prescribed by such special or local law for a suit, appeal or application, all the provisions contained in Sections 4 to 24 would apply in so far as they are not expressly excluded by such special law. … September, 1949. He was tried under Section 409, 420, 467 and Section 120B, read with Section 4d9, 420, 467/471 of the Indian Penal Code. The

The Commissioner of Sales Tax, U.P. Vs. Madan Lal Das and Sons, Bareil ...

Court : Supreme Court of India

Subject : Sales TaxLimitation

Acts : Limitation Act, 1963 - Sections 12(2) and 29(2); Indian Limitation Act, 1908 - Sections 12(2); Uttar Pradesh Sales Tax Act - Sections 10, 10(1), 10(3-B) and 11(3)

Reported in : AIR1977SC523; (1976)4SCC464; [1977]1SCR683; [1976]38STC543(SC); 1976(8)LC935(SC)

limitation period - Sections 10, 10 (1), 10 (3-B) and 11 (3) of Uttar Pradesh Sales Tax Act, Sections 12 (2) and 29 (2) of Limitation Act, 1963 and Section 12 (2) of Indian Limitation Act, 1908 - … Section 12(2) of the Act of 1963 is in variance with that of Section 12(2) of the Indian Limitation Act, 1908 (Act 9 of 1908) so far as the applicability of Section 12(2) is concerned in computing the period

Kunhibi Vs. Land Acquisition Officer, Kozhikode

Court : Kerala

Subject : Property

Acts : Land Acquisition Act, 1894 - Sections 18; Limitation Act, 1908 - Sections 12

Reported in : AIR1960Ker80

the notice from the Collector under Section 12, Sub-section (2)' of the Act.6. Section 3 of the Indian Limitation Act, 1908, provides that suits, appeals and applications filed after the period of limitation prescribed therefor by the first schedule … any suit, appeal or application by any special or local law --(a) The provisions contained in Section 4, Sections 9 - 18, and Section 22 shall apply only in so far as, and to the extent to

Union of India and ors. Vs. Rai Bahadur Seth Shree Ram Durga Pershad

Court : Supreme Court of India

Subject : Civil

Acts : Constitution of India - Articles 132 and 226; ;Limitation Act, 1908 - Section 12(2)(3)

Additional Collector of Customs v. Best and Co. that the provisions of section 12(2) and (3) of the Limitation Act, 1908, are a positive direction for excluding the time taken in obtaining a copy of the judgment and decree … 1962. The petitioners in these petitions ' under Articles 132 and 133 of the Constitution of India and sections 109 and 110 and Order 45, rules 2 and 3 of the Code of Civil Procedure, have prayed

Gopaldas Sarvadayal Vs. Commissioner of Sales Tax, U.P.

Court : Allahabad

Subject : Sales TaxLimitation

Acts : Limitation Act, 1908 - Sections 12(2) and 29; Uttar Pradesh Sales Tax Act, 1948 - Sections 10(3) and 11(1)

Reported in : AIR1956All305; [1956]7STC360(All)

of Section 11, U. P. Sales Tax Act, is not covered by the provisions of Section 12 (2), Limitation Act, 1908. Limitation - filing of application - Sections 12(2) and 29 of Limitation Act, 1908 and Sections 10(3) and

Vishnu Bhatta Subraya Bhatta Vs. Domakkee and ors.

Court : Kerala

Subject : Property

Acts : General Clauses Act, 1897 - Sections 9(1); Limitation Act, 1908 - Sections 12 and 25 - Schedule - Article 132

Reported in : AIR1958Ker326

their costs throughout. Property - institution of suit - Section 9 (1) of General Clauses Act, 1897 and Sections 12 and 25 and Article 132 of Schedule of Limitation Act, 1908 - dispute regarding institution of suit - … any year coming after the expiry of twenty years and before thirty years expired. Section 25 of the Limitation Act, 1908, which is relevant in this context is in these terms:'25. All instruments shall, for the purposes of this

T. Alamelu Ammal Vs. Mangalakshmi

Court : Chennai

Subject : TenancyLimitation

Acts : Limitation Act, 1963 - Sections 3, 3(1), 4 to 24 and 29(2); ;Tamil Nadu City Tenants Protection Act, 1922 - Sections 9 and 9(1); ;Code of Civil Procedure (CPC), 1908 - Sections 115; ;Presidency Small Cause Courts Act, 1882 - Sections 41; ;Madras City Tenants Protection (Amendment) Act, 1979; ;Parent Act - Sections 12; ;Limitation Act, 1908

Reported in : (2001)3MLJ673

view of S. 29(2) of the Limitation Act, 1963, which is different from the corresponding provision in the Limitation Act 1908, there can be no dispute that if the period of 30 days mentioned in S.9 is one of … Limitation Act, the Court is competent to condone the delay or not? 12. Mr.S.K. Raghunathan, learned counsel appearing for the petitioner has straight-away relied on … local law expressly excludes the operation of S. 4 to S. 24 of the Limitation Act, all these sections would apply even to proceedings coming under the special or local law in determining the period of limitation.