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Feb 18 1974

Krishnan Madhavan Vs. Narayanan Jayadevan and anr.

Court : Kerala

Decided on : Feb-18-1974

Subject : CommercialLimitation

Acts : Limitation Act, 1963 - Schedule - Article 37

Reported in : AIR1975Ker18

years prior to the date of suit.....'In this case, the waiver in terms of Article 37 of the Limitation Act, 1963, having not been proved, it is not necessary to consider the correctness of the observation contained in the

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Oct 28 1999

Ramgopal Commercial Corporation Vs. Gandubilli Venkata Ramana Murthy a ...

Court : Andhra Pradesh

Decided on : Oct-28-1999

Subject : ContractLimitation

Acts : Limitation Act, 1963 - Schedule - Articles 37, 75 and 113

Reported in : 2000(1)ALD615; 2000(1)ALT769

appreciation of the issue involved in the appeal it is appropriate to refer to Article 37 of the Limitation Act, 1963, which reads as follows:Description of suitsPeriod of ImitationTime from which period beginsto run 37.On a promissory noteor bond

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May 28 1999

State Bank of India, Super Market Branch, Gulbarga Vs. Ravindra

Court : Karnataka

Decided on : May-28-1999

Subject : BankingLimitation

Acts : Indian Limitation Act, 1963 - Article 15, 36 and 37; Karnataka Small Cause Courts Act - Sections 18; Indian Limitation Act, 1908 - Articles 74 and 75; Constitution of India - Article 132

Reported in : 1999(5)KarLJ108

Court below misconstrued Article 37 as well as failed to appreciate the principle under Article 37 of the Limitation Act, 1963. In support of his contentions, the learned Counsel for the revision petitioner made reference to the following decisions:1.

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Apr 08 1983

Government of Andhra Pradesh Vs. Durgaram Prasad

Court : Andhra Pradesh

Decided on : Apr-08-1983

Subject : ArbitrationLimitation

Acts : 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

Reported in : AIR1984AP14

passed in terms thereof is O. S. 133/1979.2. The learned Government Pleader contended that Section 5 of the Limitation Act 1963 is applicable in the circumstances as Section 5 is wide in its sweep and by its own force … Act and as such the court has no discretion to extend the time and the time stipulated under Article 119 (b) of the Limitation Act should be adhered to and the extension sought for is not valid. … time in its discretion. The learned counsel fore respondents contended that Section 37 of the Arbitration Act totally excluded the applicability of Section 5 of

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Mar 31 1977

Kochappan and ors. Vs. the Official Liquidator, Palmland Corpn. (P) Lt ...

Court : Kerala

Decided on : Mar-31-1977

Subject : Limitation

Acts : Limitation Act, 1963 - Article 37

Reported in : AIR1977Ker201

on the terms of the bond, the whole balance payable became due and under Article 37 of the Limitation Act, 1963, the suit filed beyond three years of the default is barred by limitation. The provision in the bond,

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Jun 29 1998

M/S. Oil and Natural Gas Corporation, Cauvery Project, Group General M ...

Court : Chennai

Decided on : Jun-29-1998

Subject : Arbitration

Acts : Constitution of India -- Article 227; Limitation Act, 1963 -- Article 127, 137; Arbitration and Conciliation Act, 1996 -- Sections 8, 11, 20, 37 (3); Code of Civil Procedure (CPC), 1908 -- Sections 16; English Arbitration Act, 1996 -- Sections 13 and 14

Reported in : AIR1998Mad363; 1998(2)CTC419

considered on the basis of pleadings. It is not disputed by either party that Article 127 of the Limitation Act, 1963 applies inview of Section 37 of the Arbitration and Conciliation Act. Section 37(3) of that Act provides as

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Jul 21 1992

Punjab National Bank Vs. Ishwar Prasad Tiwari and anr.

Court : Madhya Pradesh

Decided on : Jul-21-1992

Subject : Limitation

Acts : Limitation Act, 1963 - Schedule - Article 37

Reported in : 1994(0)MPLJ411

paragraph 15 of its impugned judgment, the trial Court came to the conclusion that Article 36 of the Limitation Act, 1963, would be applicable in the present case, as there was no pleading or recital in the promissory note … period of instalments fixed as aforesaid.' In this view of the matter, I am of the view that Article 37 of the Limitation Act would be applicable in the present case, which provides as follows :-----------------------------------------------------------------------------------Art. Description of

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Mar 02 2005

Vastava Chit Funds (Private) Ltd. Vs. Madala Benarjee and ors.

Court : Andhra Pradesh

Decided on : Mar-02-2005

Subject : Limitation

Acts : Companies Act, 1956; Limitation Act, 1963 - Schedule - Article 37; Andhra Pradesh Chit Funds Act - Sections 2, 6 and 25(2); Code of Civil Procedure (CPC) - Sections 100; Constitution of India

Reported in : 2005(3)ALD881; 2005(3)ALT405; III(2005)BC546

Court, sitting under Sec. 100 of the Code of Civil Procedure, while dealing with Article 37 of the Limitation Act, 1963, held that in a suit based on chit transactions, the limitation and cause of action would arise only

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Jan 06 1977

Bhagwantrao Deorao Patil Vs. Mohammad Khan Asgar Khan

Court : Madhya Pradesh

Decided on : Jan-06-1977

Subject : Commercial

Acts : Limitation Act, 1963 - Schedule - Article 37; Interest Act, 1839 - Sections 2

Reported in : AIR1977MP270; 1977MPLJ290

shall be due, the case will be governed by Article 36 and not by Article 37 of the Limitation Act, 1963. In this view of the matter it further held that the cause of action in respect of each

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Apr 19 2000

Himachal Pradesh State Industrial Development Corporation Ltd. Vs. Man ...

Court : Himachal Pradesh

Decided on : Apr-19-2000

Subject : Commercial

Acts : State Financial Corporations Act, 1951 - Section 29; ;Limitation Act, 1963 - Schedule - Article 37

Reported in : [2002]111CompCas763(HP)

in order not only to plead but prove the same. Proceeding on this premise article 37 of the Limitation Act, 1963, straightaway comes into play, according to which the period of limitation is three years in respect of a

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