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Shitla Prasad and ors. Vs. Bans Bahore and ors.
Allahabad
Jan-31-1974
Limitation
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
AIR1974All197
of Civil Procedure, 1908, and the Indian Limitation Act, 1908 including Section 5 thereof, shall apply to proceedings under this Act.'A plain reading of the … 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
Tag this Judgment! AI Brief & AskGopal Sardar Vs. Karuna Sardar
Supreme Court of India
Mar-09-2004
PropertyLimitation
West Bengal Land Reforms Act, 1955 - Sections 5(5), 8, 9, 14C(4), 14E, 14G, 14H, 14M, 14N, 14(O), 14O(1), 17, 18, 18A(2), 19(2), 21(1), 21(3), 51A, 81, 82, 86 and 117; Code of Civil Procedure (CPC) , 1908 - Sections 115 - Order 21; Limitation Act, 1963 - Sections 2, 2(1), 3, 4 to 24 and 29(2) - Schedule - Articles 97 and 137; Constitution of India - Article 227; Limitation Act, 1908 - Sections 5; West Bengal Land Reforms (Amendment) Act, 1972; Representation of the People Act; Uttar Pradesh Sales Tax Act, 1948 - Sections 10; Code of Criminal Procedure - Sections 417 and 417(4); Kerala Buildings (Lease and Rent Control) Act, 1965 - Sections 18
(SCSuppl)2004(2)CHN164; 2004(3)SCALE36; (2004)4SCC252; [2004] 2 SCR 826
be filed within ninety days of such commencement:Provided further that the provisions of Section 5 of the Indian Limitation Act, 1908 shall apply to an appeal under this Section.'(Emphasis supplied)Provisions of Limitation Act:- '2. Definitions - In this Act, … limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in Sections 4 to 24 shall apply in so far as and to the extent to which they are not
Tag this Judgment! AI Brief & AskState of M.P. and anr. Vs. Anshuman Shukla
Supreme Court of India
May-12-2008
CivilLimitation
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
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). … S.B. Sinha, J.1. Leave granted.2. Applicability of Section 5 of the Limitation Act, 1963 (for short the 1963 Act) in the … 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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H. Chandanmull and Co. Vs. Mohambal M. Mehta and ors.
Chennai
Oct-27-1952
Limitation
Arbitration Act, 1940 - Sections 30 and 37(1); Limitation Act, 1908 - Sections 5 - Schedule - Article 158
AIR1953Mad561; (1953)IMLJ182
applicable to an application to set aside an award. Section 37(1) runs as follows:"All the provisions of the Limitation Act, 1908, shall apply to arbitrations as they apply to proceedings in Court."The question is, what is the precise meaning … 1. The question that is raised in this appeal is whether Section 5, Limitation Act, is applicable to an application filed under the Arbitration Act, to set aside an award.
Tag this Judgment! AI Brief & AskGovernment of Andhra Pradesh Vs. Durgaram Prasad
Andhra Pradesh
Apr-08-1983
ArbitrationLimitation
Arbitration Act, 1940 - Sections 30 and 37; Limitation Act, 1963 - Sections 5 and 29(2) - Schedule - Article 119; Clauses Act, 1897 - Sections 8; Code of Civil Procedure (CPC), 1908 - Order 21
AIR1984AP14
costs.11. Appeal allowed. Arbitration - applicability of provision - Sections 30, 33 and 37 of Arbitration Act, 1940, Sections 5, 29 (2) and Article 119 of Schedule to Limitation Act, 1963, Limitation Act, 1908, Section 8 of Clauses … It is further contended that Section 37 of the Arbitration Act provides for the applicability of provisions of Limitation Act, 1908 and in the absence of substitution of provision regarding applicability of Limitation Act, 1963 the question of invoking
Tag this Judgment! AI Brief & AskState Bank of Hyderabad, Hyderabad Vs. Y. Venkat Reddy
Andhra Pradesh
Sep-17-2001
Limitation
Indian Limitation Act, 1963 - Sections 5 - Schedule - Articles 136 and 137; Code of Civil Procedure (CPC), 1908 - Order XXI - Order 23, Rules 1 and 2 - Order 34, Rules 2(1), 3, 3(1), 4(1), 5, 5(1) and (3) and 8(1); Indian Limitation Act, 1887 - Schedule - Article 179; Transfer of Property Act, 1882 - Sections 89; Indian Limitation Act, 1908 - Sections 5 - Schedule - Articles 178, 181 and 182
2002(1)ALD261; 2002(1)ALT391
for execution to which Article 179 of Indian Limitation Act, 1887, which correspondents to Article 182 of Indian Limitation Act, 1908 and present Article 136 of Indian Limitation Act, 1963. The view according to (1894) ILR 21 Calcutta page … by petitioner earlier for passing of final decree. It was alleged in the affidavit filed in support of Section 5 petition that after the concerned file was traced and the same was sent to bank advocate for
Tag this Judgment! AI Brief & AskRupam Pictures and anr. Vs. Brijmohan and ors.
Mumbai
Dec-16-1976
Arbitration
Code of Civil Procedure (CPC), 1908 - Sections 115 - Articles 158 and 178; Arbitration Act, 1940 - Sections 2, 20, 20(1), 20(2) and 39(1); Limitation Act, 1963 - Sections 2, 4, 5, 14(2) and 37(3) - Schedule - Articles 119, 137 and 181; Industrial Disputes Act, 1947; Indian Limitation Act, 1908
AIR1977Bom425; 1977MhLJ298
of the Act. There was no limitation prescribed for the filing of such an application under the Indian Limitation Act, 1908 or the Limitation Act 1963 Article 181 of the former did not govern such an application. The period … ORDER1. Opponent No. 1 Brijmohan filed an application under Section 20 of the Arbitration Act against the applicants as well as opponents Nos. 2 to 5 contending that
Tag this Judgment! AI Brief & AskP. Sai Lakshmi Vs. Patram Venkata Rao and ors.
Andhra Pradesh
Nov-22-2001
Election
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
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 of
Tag this Judgment! AI Brief & AskRam Rati Vs. Dy. Director of Consolidation, Banda and Others
Allahabad
Dec-03-1997
Property
Uttar Pradesh Consolidation of Holdings Act, 1953 - Sections 48 (3), 52 and 53B; Indian Limitation Act, 1908 - Sections 5
1998(2)AWC973
of the Act.4. Section 53B of the Act provides that the provisions of Section 5 of the Indian Limitation Act. 1908 shall apply to the applications, appeals, revisions and other proceedings under the Act or the Rules made thereunder. … petition is accordingly dismissed. Property - condonation of delay - Section 5 of Indian Limitation Act, 1908 and Sections 52 and 53B of U.P. Consolidation of Holdings Act, 1953 - whether application for condonation of delay maintainable
Tag this Judgment! AI Brief & AskThe State of Mysore Vs. Laxman Sharanappa Shraguppi and anr.
Karnataka
Mar-26-1964
Criminal
Indian Limitation Act, 1908 - Sections 5 - Schedule - Article 157; Indian Penal Code (IPC), 1860 - Sections 34; Code of Criminal Procedure (CrPC) , 1973 - Sections 417
AIR1965Kant31; AIR1965Mys31; (1964)1MysLJ302
The appeal was filed on 26-7-1963.(14) The period of limitation as provided by Article 157 of the Indian Limitation Act, 1908, for filing an appeal against an order of acquittal is three months from the date of the order … with the memorandum of appeal, the state filed an application under Section 5 of the Limitation Act supported by affidavits, praying for the condonation of … stick and thus both of them caused the death of Bhimashya and thereby committed and offence punishable under Section 302 read with Section 34 of the Indian Penal Code.(3) The learned Sessions Judge held that accused 1and
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