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Rajmal Vs. Phulchand

Court : Madhya Pradesh

Subject : Limitation

Acts : Limitation Act, 1908 - Sections 19 - Schedule - Article 89

Reported in : AIR1957MP237

filed within time.3. Mr. R. G. Waghmare, learned counsel for the petitioner relied on Article 89 of the Limitation Act. I do not think, this Article has any application. Even if it is assumed, that the defendant was … the handwriting of the defendant himself was sufficient to constitute an acknowledgment of liability within the meaning of Section 19 of the Indian Limitation Act.5. The material document, in this case is Ex. P-2 which is a

Chunnilal Vs. Ghanshyamdas and ors.

Court : Rajasthan

Subject : Limitation

Acts : Limitation Act, 1908 - Sections 19; Marwar Limitation Act, 1945 - Schedule - Articles 62, 85 and 89

Reported in : AIR1971Raj286; 1970(3)WLN792

money to the plaintiff. A distinction was however, brought out between an acknowledgment under Section 19 of the Limitation Act 1908 which may be unilateral transaction and a document bilateral in nature, Bhandari J. (Tyagi J., agreeing with him) … law in applying Article 62 of the Marwar Limitation Act (which was in force at the relevant time). Article 89 is the only appropriate Article applicable to the facts and circumstances of the case, and since this Article … and silver through the agency of defendants Nos. 1 to 3 in Section 2001 and Section 2002. It was further alleged in the plaint that

Jivanlal Chimanlal Mehta Vs. Pramodchandra Chimanlal Mody

Court : Mumbai

Subject : Limitation

Acts : Limitation Act, 1908 - Sections 19; Stamp Act, 1899 - Schedule - Article 1; Presidency Towns Insolvency Act, 1909 - Sections 9(1); Provincial Insolvency Act, 1920 - Sections 6; Code of Civil Procedure (CPC), 1908 - Sections 65 - Order 21, Rule 92; High Court Rules and the City Civil Court Rules - Rules 89 and 90; Insolvency Act - Sections 9; Sir Dinshaw Mulla's Insolvency Act

Reported in : AIR1959Bom289; (1959)61BOMLR110; ILR1959Bom822

certation that arose for consideration was whether a certain document constituted an acknowledgment within the meaning of the Limitation Act or an acknowledgment within the meaning of Art. 1 of Schedule 1 of the Stamp Act. On the … Court.10. Appeal dismissed. Presidency-Towns Insolvency Act (III of 1909), Section 9(e) - Civil Procedure Code (Act V of 1908), Order XXI, Rule 92 -- Provincial Insolvency Act (V of 1920), Section 6(e) -- Act of insolvency when … 1 of the Stamp Act depends, as the article itself says, on the decision whether the document … aside the sale of the property under Rs. 89 and 90 and till his applications are disposed … learned Lord Chancellor Cairns says:'I cannot find in the 15th and 17th sections any words which would vest in the trustee either the property itself, … was adjudicated insolvent on a petition presented on the 28th of November, 1957 by the Respondent basing the Petition on a debt of Rs. 3251.75

P. Manikyam and anr. Vs. the Sub-registrar and Three ors.

Court : Andhra Pradesh

Subject : Property

Acts : Indian Registration Act, 1908 - Sections 19, 20, 21, 23, 24, 25, 26, 32, 32A, 34(1), 34(3), 35, 35(1), 35(3), 41, 43, 45, 58 to 61, 69, 71, 72, 73, 74, 75, 75(1), 75(2), 76, 77, 88 and 89; Specific Relief Act, 1963 - Sections 34; Limitation Act, 1963 - Schedule - Article 59; Indian Stamp Act, 1899 - Sections 2(12) and 47A; Indian Registration (Amendment) Act, 2001; Andhra Pradesh Stamp (Prevention of Under Valuation of Instruments) Rules, 1975 - Rule 3(1), 3(2), 3(3) and 3(4)

Reported in : 2008(6)ALD268

of civil suit under Section 34 of the Specific relief Act, 1963 read with Article 59 of the Limitation Act, 1963.6. The learned Government Pleader for Revenue supported the contentions of the learned Counsel for respondent No. 4.7. … Thereupon, respondent No. 4 filed an application before respondent No. 2 under Section 73 of the Indian Registration Act, 1908 (for short 'the Registration Act'). Respondent No. 2 issued summons to both the parties and recorded their oral … 2 held that he was satisfied that the petitioners duly executed the document and that the provisions of Sections 19, 20, 21, 23 and 32 of the Registration Act have been duly complied with. Accordingly, respondent No. 2 … the provisions of Sections 41, 43, 45, 69, 75, 77, 88 and 89; unless the person executing such document, or their representatives, assigns or agents

U. Nilan Vs. Kannayyan (Dead) Through Lrs.

Court : Supreme Court of India

Subject : CivilCommercial

Acts : Transfer of Property (Amendment) Act, 1929; Limitation Act, 1908 - Schedule - Article 180; Code of Civil Procedure (CPC) , 1908 - Sections 47 - Order 21, Rule 90, 91, 92, 94 and 95 - Order 34, Rule 4 and 5 - Order 41, Rule 33; Limitation Act, 1963

Reported in : AIR1999SC3750; 1999(3)CTC544; JT1999(7)SC621; (2000)124PLR141; 1999(6)SCALE358; (1999)8SCC511; [1999]Supp3SCR395

property is in possession of the tenant, symbolic possession would be delivered to him.25. Article 180 of the Limitation Act, 1908 which has since been replaced by the Limitation Act, 1963, provided for a limitation of three years for … Order 21, Rule 92(1) of the Schedule to the Civil Procedure Code, but also to the other material sections and Orders of the Code, including those which relate to appeals from Orders made under Order 21, Rule … to set aside the sale can be filed under Order 21 Rule 89 C.P.C. while another application for setting aside the sale on the ground … properties by deposit of title deeds in favour of the appellant in 1976. On January 9, 1978, the appellant filed O.S. No. 21/78 for the

Kidde India vs.ntpc

Court : Delhi

Subject : Land Acquisition

is addressed to a person other than a person entitled to the right. Interpreting Section 19 of the Limitation Act, 1908 (corresponding to Section 18 of the Limitation Act, 1963) this Court in Shapoor Freedom Mazda v. Durga Prosad … of Ground K of the Objection are denied. It is denied that Article 18 of Schedule to the Limitation Act applies either to the facts … Vijay Associates could maintain the claim against NTPC is not correct as Schedule 3 to the assignment deed not only, lists the receivables of the … in terms of the award. Objections were filed by the Respondent, NTPC (hereinafter, „NTPC‟) vide I.A. No.5570/2009 under Sections 30 and 33 of the Arbitration Act. The same are being disposed of by way of the present

Opg Power Generation Private Limited Vs. Enexio Power Cooling Solution ...

Court : Supreme Court of India

Subject : Land Acquisition

the Schedule to the 1963 Act, which is pari materia Article 5275 of the First Schedule to the Limitation Act, 1908 (in short 1908 Act), would indicate that it applies where: (a) the suit/ claim is 73 Section 18. … the turbine flange. Civil Appeal @ SLP (C) Nos.21017-21018 of 2021 Page 89 of 150 This process also indicates that the turbine was not operational. … of 2021 Page 38 of 150 undoubtedly a fundamental juristic principle in Indian law and is enshrined in Sections 1833 and 34 (2)(a)(iii)34 of the 1996 Act. In addition to the earlier recognized principles forming fundamental policy … whereby, exercising powers under Section 37 of the Arbitration and Conciliation Act, 19962 read with Section 13(1) of the Commercial Courts Act, 20153 and Clause

Popsingh Mahadeo Prasad Vs. Dipchand Ray and anr.

Court : Orissa

Subject : Commercial

Acts : Partnership Act, 1932 - Sections 69(2); Limitation Act, 1908 - Articles 61 and 64; Code of Civil Procedure (CPC) , 1908 - Sections 9

Reported in : AIR1960Ori123; 26(1960)CLT471

61 or Article 64 of the Indian Limitation Act (Act IX of 1908.) is applicable to the facts of this case whereas according to the … 69 of the Indian Partnership Act. He also held that whether Article 61 or Article 64 of the Limitation Act was applicable, the suit is barred by limitation. He further held that the plaintiff has not been successful … suit having been filed on 27-9-50 is clearly barred. A question arose if the suit is governed by Article 89, which applies to suits by principal against his agent for movable property received by the latter and not … the conclusion that the suit is clearly barred under Sub-section (2) of Section 69 of the Indian Partnership Act. He also held that whether Article … however, denied the accounts as given in the schedule to the plaint.Regarding the stocks procured and disposed … under the Central Purchasing Scheme for the year 1943. According to the terms and conditions of the

Taipack Limited and ors. Vs. Ram Kishore Nagar Mal

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 7(4) and 34; Limitation Act, 1963 - Sections 18 - Schedule - Articles 14 and 15; Sick Industrial Companies (Special Provisions) Act, 1985; Limitation Act, 1908 - Sections 18 and 19

Reported in : 2007(3)ARBLR402(Delhi)

under a contract are governed by Articles 14 & 15 of the Schedule to the Limitation Act which prescribes the starting point of limitation as … Champaka Pillai v. Sivathanu Pillai and Ors. (1979) SCC 429 it was held that Under Section 18 of Limitation Act, 1908, one of the essential requirements for a valid 'acknowledgement' is that the writing concerned must contain an admission … goods sold under a contract are governed by Articles 14 & 15 of the Schedule to the … Vipin Sanghi, J.INTRODUCTION AND BACKGROUND FACTS.1. This petition has been filed by M/s Taipack Ltd. under Section 34 of the Arbitration and Conciliation Act 1996 (The Act) challenging the award dated 14.8.2001 made by sole … M/s Taipack Ltd. under Section 34 of the Arbitration and Conciliation Act 1996 (The Act) challenging the award dated 14.8.2001 made by sole arbitrator Shri

Ambika Rajan Vs. Basheera Beevi and anr.

Court : Kerala

Subject : Civil

Acts : Legal Services Authorities Act, 1987 - Sections 2, 2(2), 19, 19(5), 20, 20(1), 21, 21(1), 22, 22(2) and 25; Court fees Act, 1870 - Sections 16; Limitation Act - Schedule - Article 136; Kerala Court Fees and Suits Valuation Act, 1959 - Sections 2(2) and 69; Evidence Act; Code of Civil Procedure (CPC) , 1908 - Sections 89 - Order 21, Rule 2 - Order 23, Rule 3; Code of Civil Procedure (CPC) (Amendment) Act, 1999

Reported in : AIR2009Ker151; 2009(2)KLJ300

Execution Petition are distinct and different. Let us also think m yet another angle. Article 136 of the Limitation Act provides for a period of limitation of twelve years for execution of a decree. There are categories of … shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit in respect of the matters mentioned in Section 22 of the Legal Services Authorities … to one of the modes provided in Section 89 of the Act it is for the State … services authorities to provide free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not … on the plaint, under Section 21 of the Legal Services Authorities Act, 1987, when the dispute between the parties In the Execution Petition is settled