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Mackintosh Burn Ltd. Vs. State of West Bengal and ors.

Court : Kolkata

Subject : Limitation

Acts : West Bengal Co-operative Societies Act, 1983 - Sections 95, 95(3), 135, 135(2), 136, 136(1) and 136(2); ;Limitation Act, 1963 - Sections 3, 4 to 24 and 29; ;Code of Civil Procedure (CPC) - Order 41, Rule 3A; ;Customs Act, 1962 - Section 27; ;Constitution of India - Articles 226 and 227; ;Coal Bearing Areas (Acquisition and Development) Act, 1957 - Section 10; ;Bihar Public Demands Recovery Act, 1914; ;Orissa Public Demands Recovery Act, 1914; ;Mineral Concession Rules, 1960 - Rule 54

Reported in : 2007(2)CHN115

to state that Sub-section (2) of Section 136 of the said Act reads as under:The provisions of the Limitation Act, 1963 (36 of 1963) shall not apply to appeal referred in Sub-section (1).4. The application for stay filed by … limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in Sections 4 to 24 (inclusive) shall apply insofar as, and to the extent to which, they are not expressly … of the Bombay High Court in no uncertain terms held in paragraph 10 as under:According to these sub-sections, a claim for refund or an order

Minish K. Sheth and ors. Vs. State of Gujarat and ors.

Court : Gujarat

Subject : PropertyLimitation

Acts : Urban Land (Ceiling and Regulation) Act, 1976 - Sections 4(5) and 34; Limitation Act, 1963 - Sections 10 and 17

Reported in : AIR1985Guj56; (1985)1GLR202

not very vigilant in exercising the power the interest of the devasom should suffer. Section 10 of the Limitation Act, 1963 provides no period of limitation for a suit against a person in whom the trust property has become … (5) and 34 of Urban Land (Ceiling and Regulation) Act, 1976, Indian Registration Act, Bombay Stamp Act and Sections 10 and 17 of Limitation Act, 1963 - partnership deed and deed of dissolution made by petitioners who were

Achuthan Pillai and ors. Vs. State of Kerala and ors.

Court : Kerala

Subject : Trusts and Societies

Acts : Madras Hindu Religious and Charitable Endowments Act, 1951 - Sections 29(1) and 99; Limitation Act, 1963 - Sections 10; Constitution of India - Articles 19 and 226; Evidence Act, 1872 - Sections 115

Reported in : AIR1972Ker39

not very vigilant in exercising the power the interest of the devaswom should suffer. Section 10 of the Limitation Act, 1963 provides no period of limitation for a suit against a person in whom the trust property has become … petitioner that the notice is belated.18. We dismiss the petition. No costs. Trusts and Societies - sanction - Sections 29 (1) and 99 of Madras Hindu Religious and Charitable Endowments Act, 1951, Section 10 of Limitation Act,

The K.S.R.T.C. Central Officer and anr. Vs. Govinda Setty and anr.

Court : Karnataka

Subject : Labour and IndustrialLimitation

Acts : Industrial Disputes Act, 1947 - Sections 10(4A); Limitation Act, 1963 - Sections 3

Reported in : ILR1997KAR983

the Act will have to be tried to full length.9. We may here notice Section 3 of the Limitation Act, 1963. It reads thus:'3. (1) Subject to the provisions contained in Sections 4 to 24 (inclusive), every suit instituted, … ORDERV.P. Mohan Kumar, J1. The question raised in this Writ Petition is whether an application under Section 10(4-A) of the I.D. Act made before the Labour Court by the dismissed worker beyond the stipulated period prescribedunder

Lalit NaraIn Singh Vs. the President, Religious Trust Board and anr.

Court : Patna

Subject : Civil

Acts : Bihar Hindu Religious Trusts Act, 1950 - Sections 48 and 72; Limitation Act, 1963 - Sections 10; Code of Civil Procedure (CPC) , 1908 - Sections 92 and 96 - Order 7, Rules 1 and 10 - Order 9, Rules 11 and 13

and as soon as they learnt about it they filed the miscellaneous case. Furthermore, Section 10 of the Limitation Act, 1963 specifically provided that no suit against a person in whom property has become vested in trust for any … the reliefs specified therein can be legally instituted in respect of any such Trust and also according to Sections 48 and 72 of the Act which provided that except certain, special circumstances no suit can be filed

T. Kaliamurthi and anr. Vs. Five Gori Thaikal Wakf and ors.

Court : Supreme Court of India

Subject : LimitationProperty

Acts : Limitation Act, 1908 - Schedule - Articles 134, 134A, 134B, 142 and 144; Limitation Act, 1963 - Sections 3, 10, 27, 28, 31, 52A and 107 - Articles 64, 65, 94 and 96; Wakf Act, 1995 - Sections 2, 83, 85, 107, 112, 112(1), 112(2) and 112(3); General Clauses Act, 1897 - Sections 6; ;Tamil Nadu Wakf (Amendment) Act, 1982 - Sections 59A and 59B; Wakf Act, 1954 - Sections 59A, 59B and 66G; Wakf (Amendment) Act, 1984; Public Property (Extension of the Limitation) Act, 1959; Public Works (Extension of Limitation) Act; Administration of Evacuee property Act, 1950 - Sections 58 and 58(3)

Reported in : AIR2009SC840; 2008(5)ALLMR(SC)462; (SCSuppl)2009(1)CHN25; JT2008(9)SC115; 2009(1)MhLj43; (2008)7MLJ534(SC); 2008(11)SCALE52; (2008)9SCC306

While dismissing the suit on limitation, the trial court held that in view of Section 31 of the Limitation Act, 1963, the claim could not be revived under the provisions of the Limitation Act, 1963. Feeling aggrieved by the … Act') came into force with effect from 1st of January, 1996. Section 107 of the said Act provides that nothing contained in the Limitation Act, … taken away by the repealing act expressly or by necessary implication. In this connection, attention was drawn to Sections 59A and 59B of the Wakf (Tamil Nadu Amendment) Act, 1982 (Act 34 of 1982) which safeguards the

Smt. Ashalata S. Lahoti Vs. M/S. Hiralal Lilladhar

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 28, 30, 33, 37 and 46; Arbitration and Conciliation Act, 1996 - Sections 2(4), 10, 14 and 34; Limitation Act, 1963 - Schedule - Articles 18 and 24; Securities Contracts (Regulation) Act, 1956 - Sections 9; Bombay Co-operative Societies Act, 1925 - Sections 54; Forward Contracts (Regulation) Act, 1952; Bombay Stock Exchange Act

Reported in : 1999(1)BomCR293; (1999)1BOMLR241; [2001]103CompCas1097(Bom); 1999(1)MhLj352

a non member. By an Award dated 22-12-1995 the Arbitrator held that the Law of limitation, namely, Indian Limitation Act, 1963 is attracted and consequently the claims were time barred and cannot be entertained. The grounds to challenge the … Limitation Act, 1963 is applicable to contracts based on the bye-laws framed pursuant to the power conferred by section 9 of the Securities Contracts (Regulation) Act. 1956; (b) That the Award was passed beyond the time specified … (b) That the composition of the Arbitral Tribunal was contrary to section 10 of the Arbitration and Conciliation Act, 1996. On behalf of the respondents

Gangavva and ors. Vs. Ningavva and ors.

Court : Karnataka

Subject : FamilyLimitation

Acts : Hindu Adoption and Maintenance Act, 1956 - Sections 7, 10 and 16; Limitation Act, 1963 - Schedule - Article 57; Evidence Act, 1860 - Sections 81 and 90; Specific Relief Act, 1963 - Sections 34 and 42

Reported in : ILR2008KAR1667; 2008(3)KCCR1390; 2008(4)AIRKarR176; AIR2008NOC2214; 2008(4)CivilLJ525; 2008(3)ICC723; 2008AIHC2906(Kar)

three years from the date of adoption becoming known to them as contemplated under Article 57 of the Limitation Act, 1963, and therefore the suit is barred by time. Thirdly it was contended that when the 3rd defendant on … consent of his wives, as such there was no valid adoption.25. Section 10 of the Act deals with the persons who may be adopted, which … Ex.D-11, as it is not executed by the person giving the 3rd defendant in adoption, the presumption under Section 16 cannot be drawn. The 3rd defendant is shown to be aged 18 to 21 years on the

Gummidi Ramulu and ors. Vs. Gadey Srinivasa Rao and ors.

Court : Andhra Pradesh

Subject : Limitation

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115 - Order 1, Rule 10; Limitation Act, 1963 - Sections 21(1); Limitation Act, 1908 - Sections 22(1)

Reported in : 1994(2)ALT42

change in law between Section 22(1) of Limitation Act 1908 and the provision of Section 21(1) of the Limitation Act, 1963 by insertion of proviso, I agree with the contention of the learned Counsel for the petitioner that if … dismissed the petition, Against which this revision is filed.2. The learned Counsel for the petitioner has referred to Section 21(1) of the Limitation Act of 1963 which reads that where after the institution of a suit, a … plaintiff filed an application I.A.No. 1639 of 1990 under Order 1 Rule 10 CPC to implead that partner as fifth defendant in the suit. The

Pankajakshi Amma and ors. Vs. S. Sarojam and ors.

Court : Kerala

Subject : Tenancy

Acts : Kerala Buildings (Lease and Rent Control) Act, 1965 - Sections 22; Kerala Buildings (Lease and Rent Control) Rules, 1979 - Rule 10; Code of Civil Procedure (CPC) , 1908 - Order 22, Rule 9 and 9(3); Limitation Act, 1963 - Sections 5

Reported in : AIR1994Ker49

preferred O.P. No. 13410 of 1991.4. There are decisions of this Court holding that Section 5 of the Limitation Act, 1963 is not attracted to the proceedings under the Rent Control Act. We need not in these petitions before … they filed another application, LA. No. 367 of 1989 on 15-3-1989 under O. XXII, R. 9(3) read with Section 22 of the Rent Control Act for condonation of delay, and sought for setting aside abatement. These two … applications were dismissed by the appellate authority under Ext. P5 order dt. 10-7-1989, and on the same day, under Ext. P5(a) the appeal itself was