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Katragadda Ramayya and anr. Vs. Kolli Nageswararao and ors.
Andhra Pradesh
Sep-25-1967
CivilLimitation
Code of Civil Procedure (CPC), 1908 - Sections 5, 46 and 48 - Order, 7, Rule 7 - Order 21, Rule 53; Limitation Act, 1908 - Sections 4, 9, 15, 18, 19, 22, 29 and 29(2) - Schedule - Articles 181 and 182; ;Andhra Pradesh (Andhra Area) Agriculturists Relief Act, 1938
AIR1969AP250
5, 46 and 48, Order 7 Rule 7 and Order 21 Rule 53 of Code of Civil Procedure, 1908, Sections 4, 9, 15, 18, 19, 22, 29 and 29 (2) and Articles 181 and 182 of Schedule to … schedule or by Sec. 48. Civil P.C. In respect of the limitation prescribed in Section 48, Civil P.C. Article 182 again envisages the case of applications for execution of decrees or orders of any Civil Court not provided … case to a Full Bench because not only a question as to whether Sec. 19 of the Indian Limitation Act, 1908 (hereinafter referred to as 'the Limitation Act') controls Section 48, Civil P.C. but also in addition, other questions
Tag this Judgment! AI Brief & AskArunachala Reddiar Vs. Muthusadasiva Mudaliar and ors.
Chennai
Jul-04-1949
Civil
Limitation Act, 1908 - Schedule - Article 182(5); Madras Civil Practice Rules - Rule 142; Code of Civil Procedure (CPC) , 1908 - Sections 157 - Order 21, Rule 11, 11(2) and 11(3)
AIR1950Mad261
conclusion as regards the result of this appeal. Civil - decree - Article 182 (5) of Schedule to Limitation Act, 1908 - first application for execution was not accompanied by certified copy of decree - whether for such reason … constitution of a Rule Committee for the Province. The procedure for framing the rules is provided in subsequent sections. Under Section 126, the rules require the previous approval of the Government and have to be published under
Tag this Judgment! AI Brief & AskVirina Soorayya Vs. Virina Mallayya and ors.
Andhra Pradesh
Jan-25-1955
Civil
Income-tax Act, 1922 - Sections 46(2); Code of Civil Procedure (CPC), 1908 - Order 21, Rule 53; Limitation Act, 1908 - Sections 15 - Schedule - Article 182; Revenue Recovery Act, 1890 - Sections 5
AIR1955AP229a; [1955]28ITR362(AP)
Order 21 Rule 53 of Code of Civil Procedure, 1908, Section 15 and Article 182 of Schedule to Limitation Act, 1908 and Section 5 of Revenue Recovery Act, 1890 - decree holder made default in payment of Income Tax … the defaulter.Sections 11 to 23 prescribe the procedure for bringing to sale the moveable property of the defaulter. Sections 25 to 36 provide for the realisation of the amount by the sale of the immoveable property of
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Snehadeep Structures Private Limited Vs. Maharashtra Small Scale Indus ...
Supreme Court of India
Jan-05-2010
ArbitrationSICA
Interest on Delayed Payments to Small Scale and Ancillary Undertakings Act, 1993 - Sections 4, 6(1), 6(2), 7 and 19; Arbitration and Conciliation Act, 1996 - Sections 5, 11, 17, 31(7), 34, 34(2), 36, 37, 37(1), 37(2) and 37(3); Arbitration Act, 1940; Micro Small and Medium Enterprises Development Act, 2006 - Sections 19; Limitation Act, 1908 - Sections 5 - Schedule - Article 182 and 182(2); Industrial Tribunals (Appellate Tribunal) Act, 1950; Sick Industrial Companies (Special Provisions) Act, 1985; Defence of India Act, 1939 - Sections 19(1); Maharashtra Cooperative Societies Act; Interest on Delayed Payments to Small Scale and Ancillary Undertakings (Amendment) Act, 1998; Right to Information Act (RTI), 2005; Code of Civil Procedure (CPC) - Sections 4, 96, 109, 110 and 115; Crimin
JT2010(1)SC70; 2010(1)SCALE108; (2010)3SCC34; 2010(2)LC688(SC)
their Lordships of the Privy Council were concerned with the construction of Article 182 Schedule 1 of the Limitation Act, 1908. The time of limitation under this provision would run from the date of the final decree or order … of India Act, 1939 was an award and not a judgment, decree or order within the meaning of Sections 109 and 110 of the Code of Civil Procedure, and that accordingly the appeal before the Court was … This appeal by Special Leave arises from a judgment and order dated 5th of February, 2008 of the High Court of Bombay in Appeal No.
Tag this Judgment! AI Brief & AskGouse Bi Vs. Salima Bi
Chennai
Sep-07-1973
Civil
Limitation Act, 1908 - Sections 5 - Schedule - Article 182
AIR1974Mad220
petition was out of time. The relevant statutory provision was Article 182 of the First schedule to the Limitation Act, 1908, which provided a period of three years as follows--Period of Limitation Time from which period begins to runThree … court, but, since, it was out of time, she filed a petition, CMP No. 719 of 1972, under Section 5 of the Limitation Act, to excuse the delay in filing the appeal. Pending disposal of CMP No.
Tag this Judgment! AI Brief & AskAbdul Sattar Vs. Masuryadin
Madhya Pradesh
Oct-27-1960
Civil
Code of Civil Procedure (CPC) , 1908 - Sections 42 - Order 21, Rule 6; Limitation Act - Schedule - Article 182(5)
AIR1961MP158
was taken that the execution application was barred by time under Article 182 of Schedule 1 of the Limitation Act. The learned Judges of the Courts below rejected the judgment-debtor's objection on the point of limitation. Hence the … of anyCivil Court not, provided for by Article 183 or by Section 48 of the Code ofCivil Procedure, 1908 (V of 1908).Three years; or, where a certified copy of the decree ororder has been registered, six years.1. … prays for a transfer of the decree for execution to another Court.8. Section 39 of the Civil Procedure Code provides for transfer of the decree … Chhindwara. That execution application was dismissed in default on 20-7-1954. Ultimately, on 5-10-1955, a certificate ot non-satisfaction of the decree was issued by the Allahabad
Tag this Judgment! AI Brief & AskRatansingh Vs. Vijaysingh and ors.
Supreme Court of India
Dec-11-2000
LimitationCivil
Limitation Act, 1963 - Sections 5 - Schedule - Article 136; Limitation Act, 1908 - Schedule - Articles 135, 182 and 183; Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 48 and 115
2001(1)KLT327(SC); (2001)1MLJ189(SC); RLW2001(3)SC376; 2000(8)SCALE214; [2000]Supp5SCR510
run, states that 'when the decree or order becomes enforceable....'7. The forerunner of the said Article in the Limitation Act, 1908, (for short 'the old Limitation Act') was Article 182. It worded like this: 'For the execution of a … as to prevent the scuttling of the remedy.6. Article 136 of the Schedule to the Limitation Act 1963 provides 12 years for execution of any … was liable to be dismissed and consequently the second appeal was rejected. 5. Learned Counsel for the appellant contended before us that dismissal of the … at it. The High Court pointed out to him that the revisional powers of the High Court under Section 115 of the CPC (for short 'the Code') had already been exercised by the District Court on which
Tag this Judgment! AI Brief & AskPadmanabhan Mathevan Vs. Ramaswami Pillai Mathevan Pillai
Kerala
Mar-04-1958
Limitation
Limitation Act, 1908 - Schedule - Article 182 and 182(5); State Laws Act, 1951 - Sections 6; General Clauses Act, 1897 - Sections 6; Travancore Limitation Act, 1087 - Schedule - Article 166
AIR1959Ker5
get his costs of this courtfrom the respondent. Limitation - time barred - Articles 182 of Schedule to Limitation Act, 1908, Travancore Limitation Act, 1087 and Section 6 of General Clauses Act, 1897 - appeal against Order holding that … elapsed from the date of the decree the court below held such prayer was barred by limitation under Article 182. The assumption, apparently, was that the portion of the decree which granted mesne profits amounted to a separate … in execution of the decree, on objection raised by the respondent -- 5th defendant, that the execution of the decree is barred by limitation, as … the court was then faced with the 12 years' rule also under Section 41 of the Travan-core Civil Procedure Code corresponding to Section 48 of
Tag this Judgment! AI Brief & AskKrishna Chandra Sahani Vs. Anem Peda Siva Paravatamma
Orissa
Sep-03-1952
Civil
Code of Civil Procedure (CPC) , 1908 - Sections 48 - Order 21, Rule 15 - Order 41, Rule 5; Limitation Act, 1908 - Sections 15 and 29 - Schedule - Article 182(5); High Court Rules; High Court Order
AIR1953Ori13; 19(1953)CLT168
(b) to limit or otherwise affect the operation of article 183 of the First Schedule to the Indian Limitation Act, 1908.' 5. The learned advocate, appearing on behalf of the decree-holder, very much relies upon the provisions of Section … is provided elsewhere in this Schedule or by Section 48 of the Civil Procedure Code, 1908.' and in Article 182, we find 'for the execution of a decree or order of any Civil Court not provided for by … Sri R. C. Misra, Subordinate Judge of Berhampur, rejecting his petition under Section 47, Civil Procedure Code, taking up an objection of limitation. The decree,
Tag this Judgment! AI Brief & AskGiridhari Lal and ors. Vs. Thakurdas
Orissa
Dec-10-1963
Civil
Code of Civil Procedure (CPC) , 1908 - Sections 38, 39(1), 41 and 47 - Order 21, Rules 6, 11 and 11(2); Limitation Act, 1908 - Sections 3 - Schedule - Article 182(5)
AIR1964Ori170
decree-holders cars bring their case within limitation only if the two intermediate applications satisfy the requisites prescribed under Article 182, Clause (5), Limitation Act, which runs thus:--For the execution of a decree or orderof any civil courtnot provided … period of limitation prescribed therefor by the first schedule shall be dismissed, at though limitation has not … the learned District Judge's view is contrary to law.8. Mr. Pal placing reliance upon Section 3 of the Limitation Act, contended that the onus was on the decree-holders to establish that the two intermediate execution cases filed in … Under Clause (c) of Section 39, Sub-section (i) of the Code of 1908, a decree directing the sale of immoveable property situate outside the local … saved limitation. Section 3, Limitation Act, enacts--'Subject to the provisions contained in Sections 4 to 25 (inclusive), every suit instituted, appeal preferred, and application made,
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