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May 12 2008

State of M.P. and anr. Vs. Anshuman Shukla

Court : Supreme Court of India

Decided on : May-12-2008

Subject : CivilLimitation

Acts : Limitation Act, 1963 - Sections 2, 3, 4 to 24, 29, 29(2), 31 and 81; Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 - Sections 19; Evidence Act - Sections 3; Court of Enquiry Act; Bihar and Orissa Cooperative Societies Act; Bihar Land Reforms Act, 1950; Contempt of Court Act; Bihar Administrative Tribunal Act; Income Tax Act - Sections 2451; Industrial Disputes Act - Sections 10A; Companies Act - Sections 111(3); Tribunals and Inquiries Act, 1958; Tribunals and Inquiries (Amendment) Act, 1971; Arbitration Act, 1940; Arbitration and Conciliation Act, 1944; Limitation Act, 1908 - Sections 5, 29(2); Limitation (Amendment) Act, 1922; Kerala Buildings (Lease and Rent Control) Act, 1965 - Sections 18; Code of Civil Procedure (CPC) , 1908 - Sections 2 and 115 - Order 21

Reported in : AIR2008SC2454; 2008(2)ARBLR485(SC); 2008(8)SCALE425; (2008)7SCC487; 2008AIRSCW3760; 2008(4)Supreme335

of the Limitation Act would be maintainable.28. In Mukri Gopalan (supra), this Court held:15. After repealing of Indian Limitation Act, 1908 and its replacement by the present Limitation Act of 1963 a fundamental change was made in Section 29(2). … is filed by the State Government, such period shall be thirty years.4. Chapter IV of the Act contains Sections 16 to 18. Section 16 deals with passing of an award by the Tribunal and/or its Benches. Section

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Feb 03 2006

Guna Gaonkar and anr. Vs. Administrative Tribunal and ors.

Court : Mumbai

Decided on : Feb-03-2006

Subject : Limitation

Acts : 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

Reported in : 2006(3)ALLMR389; 2006(3)BomCR46

leave under Subsection (3) of that Section could be extended by invoking power under Section 5 of the Limitation Act, 1908? In that regard, the Apex Court, in its earlier decision in Kaushalya Rani v. Gopal Singh reported in … the provisions of the said regulations would prevail over the provisions of Limitation Act and the provisions of Sections 4 to 24 thereof would not apply to such proceedings. Attention was also drawn to the decisions in … No. 615 dated 30.3.1933 and amended by Diploma Legislative No. 1898 dated 29-5-1959 (hereinafter called as 'the said Devasthan Regulations'). 2. The few facts relevant

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Nov 22 2001

P. Sai Lakshmi Vs. Patram Venkata Rao and ors.

Court : Andhra Pradesh

Decided on : Nov-22-2001

Subject : Election

Acts : Hyderabad Municipal Corporation Act, 1955 - Sections 5, 6, 7, 9, 12, 13, 20, 21, 21-A, 22, 23, 24, 25 to 60, 61, 66, 70, 71, 71(2), 72, 73, 74, 75, 76, 77, 78, 79, 80, 83, 84, 85, 86, 100(1), 101, 670 and 671; Evidence Act; Contempt of Courts Act; Code of Civil Procedure (CPC), 1908; Limitation Act, 1963 - Sections 2, 3, 4 to 24 and 29(2); Constitution of India - Articles 14 and 226; Kerala Buildings (Lease and Rent Control) Act, 1965- Sections 18; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 22(1); Indian Limitation Act, 1908 - Sections 5, 12 and 13; Representation of Peoples Act, 1951 - Sections 81

Reported in : 2002(1)ALD623; 2001(6)ALT630

Act is not a persona designata, it becomes obvious that it functions as a Court........After repealing of Indian Limitation Act, 1908 and its replacement by the present Limitation Act of 1963 a fundamental change was made in Section 29(2). … before 31st May, 2000.3. The unofficial respondents herein filed an election petition on 31-5-2000 with an application under Sections 5 and 14 of the Limitation Act, 1963 as also Section 671 of the Corporation Act for condonation

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Feb 19 1969

Bans Bahore and ors. Vs. the State of Uttar Pradesh and ors.

Court : Allahabad

Decided on : Feb-19-1969

Subject : Limitation

Acts : Limitation Act, 1908 - Sections 4, 9 to 18, 22 and 29(2); Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 - Sections 341; Code of Civil Procedure (CPC) , 1908; Tenancy Law

Reported in : AIR1970All353

contention of the learned counsel for the parties, a reference has to be made to Section 29 ofthe Limitation Act, 1908, because the suit was started when the aforesaid Limitation Act was in force. Section 29 of the Limitation … any suit, appeal or application by any special or local law- (a) the provisions contained in Section 4, Sections 9 to 18, and Section 22 shall apply only in so far as, and to the extent to

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Apr 01 1969

Radheshaym Mohanlal Kaitan Vs. the Maharashtra Revenue Tribunal Nagpur ...

Court : Mumbai

Decided on : Apr-01-1969

Subject : TenancyLimitation

Acts : Tenancy Laws; Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958 - Sections 21, 22, 23, 24, 36, 36(1), 36(2), 37, 91, 120 and 129; Code of Criminal Procedure (CrPC) , 1973 - Sections 145, 146 and 417(3); Limitation Act, 1908 - Sections 3, 4, 5, 9, 10, 11, 12, 13, 14, 14(2), 15, 16, 17, 18, 22 and 29(2)

Reported in : AIR1970Bom138; (1970)72BOMLR326; ILR1970Bom867; 1969MhLJ689

tenant. He further held that the tenant was not entitled to the benefit of Section 14 of the Limitation Act, 1908 and that the pendency of proceedings under Section 145, Criminal Procedure Codewas not a bar to making an … and Agricultural Lands (Vidarbha Region) Act (Bom. XC1X of 1958), Section 36(1) - Indian Limitation Act (IX of 1908), Sections 14, 29(2)--Whether Section 14 of Indian Limitation Act applicable to proceeding under Section 36(1) of Tenancy Act.;The provisions

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Dec 15 2005

HafizuddIn Adult Son of Sri MajeeduddIn Vs. Additional District Judge ...

Court : Allahabad

Decided on : Dec-15-2005

Subject : Service

Acts : Payment of Wages Act, 1936 - Sections 3(2), 4(2), 8, 15, 15(2), 15(4), 17, 17(1), 17(2), 31, 81, 82, 85, 86, 86(1), 117 and 417(4); Limitation Act, 1908 - Sections 3, 4 to 24 and 29(2); Industrial Disputes Act, 1947; Representation of People Act, 1951 - Sections 47(1) and 97; Indian Contract Act, 1872 - Sections 29; Indian Easements Act, 1882 - Sections 2, 25 and 26; West Bengal Land Reforms Act, 1955 - Sections 8; Limitation (Amendment) Act, 1963 - Sections 33C(2) - Schedule - Article 137; Kerala Rent Act, 1965 - Sections 18; Tamil Nadu Buildings (Lease and Rent Control) Act; Rent Control Act - Sections 23 and 23(1); Evidence Act, 1872 - Sections 3; Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act; Punjab Rent Restriction Act; Securities Act, 1992; Karnataka Land R

Reported in : [2006(109)FLR877]; (2006)IIILLJ276All

important departure is made in Section 29 Sub-section (2) of the, Limitation Act of 1963. Under the Indian Limitation Act, 1908 Section 29(2)(b) provided that for the purpose of determining any period of limitation prescribed for any suit, appeal … if the appeal under Section 17 has not been filed within thirty days from the date of order. Sections 15 and 17 of the Payment of Wages Act being reproduced below:15. Claims arising out of deductions from

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Oct 05 1994

Banu and anr. Vs. KutubuddIn Sulemanji Vimanwala

Court : Mumbai

Decided on : Oct-05-1994

Subject : Family

Acts : Mohammedan Law; Muslim Law; Limitation Act, 1963 - Schedule - Articles 29(3), 104 and 113; Limitation Act, 1908 - Schedule - Article 104; Dissolution of Muslim Marriage Act, 1939 - Sections 2; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 6; Hindu Marriage Act; Indian Divorce Act; Parsi Marriage Act; Muslim Women's (Protection of Rights on Divorce) Act, 1986 - Sections 3(1), 286 and 287; Code of Criminal Procedure (CrPC) , 1973 - Sections 125

Reported in : II(1995)DMC390

to her knowledge. It is further stated that for the purpose of limitation under Article 104 of the Limitation Act, 1908, the limitation begins to run from the date the wife gets the knowledge of the divorce'.Then there is … itself does not apply in view of the exemption provided under Section 29(3) of the Limitation Act. Another submission made by her was that the … the Compendium of Fatimid Law by Asaf A.A, Fyzee wherein paragraph 218 on page 51. There is a section regarding mediation. It says that the Koran recommended mediation where there is a dispute between husband and wife.

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Nov 28 1955

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

Court : Allahabad

Decided on : Nov-28-1955

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 … suit, appeal or application by any special or local law -- (a) the provisions contained in & 4, Sections 9 to 18, and Section 22 shall apply only in so far as, and to the extent to

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Oct 05 1994

Banu Wife of KutubuddIn Sulemanji Vimanwala and anr. Vs. KutubuddIn Su ...

Court : Mumbai

Decided on : Oct-05-1994

Subject : Family

Acts : Limitation Act, 1963 - Sections 23(3) and 29(3) - Schedule - Article 113; Dissolution of Muslim Marriages Act, 1939 - Sections 2; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 6; Muslim Women's (Protection of Rights on Divorce) Act, 1986 - Sections 3(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 125

Reported in : 1995(2)BomCR110

to her knowledge. It is further stated that for the purpose of limitation under Article 104 of the Limitation Act, 1908, the limitation begins to run from the date the wife gets the knowledge of the divorce'.Then there is … among 'shias' - no bar or legal impediment to grant arrears of maintenance. (v) Limitation - amendment - Sections 23 (3), 29 (3) and Article 113 of Schedule to Limitation Act, 1963 - cause of action arose

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Jan 31 1974

Shitla Prasad and ors. Vs. Bans Bahore and ors.

Court : Allahabad

Decided on : Jan-31-1974

Subject : Limitation

Acts : Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 - Sections 5, 6, 209 and 341; Limitation Act, 1908 - Sections 6 and 29(2); Uttar Pradesh Zamindari Abolition and Land Reforms (Amendment) Act, 1958

Reported in : AIR1974All197

decision:'Whether under Section 341 of the U. P. Zamindari Abolition and Land Reforms Act, Section 6 of the Limitation Act, 1908 would be applicable to a suit under Section 209 in the absence of any express provision in Section … above section shows that the entire Limitation Act was made applicable to the Act. This would naturally include Sections 6 and 29 of the Indian Limitation Act around which the controversy in the present case hovers. Section

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