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Chander Dev Chad Vs. Rani Bala
Delhi
Apr-25-1978
FamilyLimitation
Hindu Marriage Act, 1955 - Sections 28(1); Limitation Act, 1963 - Sections 5
AIR1979Delhi22; ILR1978Delhi331
provided by the special law itself, that is, s. 28(4). And by reason of s. 29(2) of the Limitation Act 1963 sections 3 and 4 to 24 thereof shall apply. The law may thereforee be stated thus. The prohibition contained
Tag this Judgment! AI Brief & AskSmt. Lata Kamat Vs. Vilas
Supreme Court of India
Mar-29-1989
Family
Hindu Marriage Act, 1955 - Sections 11, 12, 12(1), 13, 15, 28 and 28(4); Limitation Act, 1963 - Sections 2(1), 4 to 24, 29(2) and 29(3)
AIR1989SC1477; [1989]2ITR48(SC); JT1989(3)SC48; 1989MPLJ372(SC); 1989(1)SCALE867; (1989)2SCC613; [1989]2SCR137; 1989(2)LC192(SC)
the petitioner could have presented a special leave petition within ninety days therefrom under Article 133(c) of the Limitation Act, 1963 i.e. till 14th September, 1986. Till that period was over, it was not lawful for either party to … have to look to the provision providing for an appeal and Sec. 28 of the Act which provides for appeals against all decrees made by … present case, the marriage was not dissolved by decree of divorce. The marriage was declared as nullity under Sections 11 and 12 of the Act. Sections 11 and 12 of the Act, according to the learned Counsel,
Tag this Judgment! AI Brief & AskLatabai W/O Jeevanrao Bodhankar, Since Deceased Through Legal Represen ...
Mumbai
Jul-16-2009
Property
Land Acquisition Act - Sections 4; Limitation Act, 1963 - Sections 30 and 31; Limitation Act, 1908 - Sections 28 - Schedule - Articles 47, 65 and 142; Transfer of Property Act - Sections 3; Code of Civil Procedure (CPC) - Sections 100
(2009)111BOMLR3296
Act will not revive the remedy which was barred. Head Note (B) of the Judgment reads as under:(B) Limitation Act (1963), Sections 30, 31 and Pre. and S.3 Scope and applicability. If a suit, appeal or application filed on a … the year 1981, was long barred by time in view of the provisions of Article 142 and Section 28 of the Limitation Act, 1908 and in view of the provisions of Section 31 of the Limitation Act,
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Sm. Sipra Dey Vs. Ajit Kumar Dey
Kolkata
Sep-02-1987
FamilyLimitation
HIndu Marriage Act, 1955 - Section 28 and 28(4); ;Limitation Act, 1963 - Sections 5, 29(2) and 29(3); ;Indian Divorce Act; ;Code of Civil Procedure (CPC) , 1908 - Order 41, Rules 1, 3A and 3A(1); ;Code of Civil Procedure (CPC) (Amendment) Act, 1976
AIR1988Cal28,92CWN600
hesitation, that the words 'other proceeding' in the expression 'any suit or proceeding' in Section 29(3) of the Limitation Act, 1963 mean original proceeding in the nature of suits and do not include appeals.14. There are a number of … under this Act', i.e. the Hindu Marriage Act.3. Section 29(2) of the Limitation Act makes the provisions of Sections 3 to 25 thereof applicable to all suits, appeals and applications under any 'special law' and there should … against a decree under the Hindu Marriage Act is provided in Section 28(1) of the said Act and the period of limitation therefor is prescribed
Tag this Judgment! AI Brief & AskHari S/O Ramji Vs. Mahadu S/O Kerba Tekale Died Through Lrs. Shivaji M ...
Mumbai
Jun-22-2006
Contract
Specific Relief Act, 1963 - Sections 12, 28, 28(1) and 28(3); ;Code of Civil Procedure (CPC) - Sections 37, 107, 148, 149 and 151 - Order 37, Rule 4
AIR2006Bom327; 2006(6)MhLj110
however, the decree in the present case is not a decree under Section 28(1) of the Specific Relief Act, 1963, insofar as it is a self-operative final decree which provides in express terms that if the payment is … proceedings are before the appellate authority and it has power to review the evidence subject to the statutory limitations prescribed.... In my view, therefore, the appeal is continuation of a suit, even in case of a decretal … laid down that the High Court is clothed with ample power under Sections 148, 149 and 151 of the Civil Procedure Code to do justice
Tag this Judgment! AI Brief & AskV.S. Palanichamy Chettiar Firm Vs. C. Alagappan and Another
Supreme Court of India
Feb-03-1999
LimitationContract
Specific Relief Act, 1963 - Sections 16 and 28; Limitation Act, 1963 - Schedule - Article 54; Constitution of India - Article 136
AIR1999SC918; 1999(1)ALLMR(SC)706; 1999(1)CTC409; JT1999(1)SC216; (1999)IIMLJ33(SC); 1999(1)SCALE219; (1999)4SCC702; [1999]1SCR349; 1999(1)LC486(SC)
the fact that suit was filed within the period of limitation as prescribed in Article 54 of the Limitation Act, 1963, the Court can nevertheless see that even where time is not the essence of the contract, the plaintiff … appellant filed appeals in the High Court which were dismissed on February 28, 1985. High Court while dismissing the appeals of the judgment-debtor did not … By LRS. v. Dr. R. Jagan Mohan Rao and Ors. : AIR1996SC116 this Court observed with reference to Sections 16(c) and 20 of the Act that the continuous readiness and willingness on the part of the plaintiff
Tag this Judgment! AI Brief & AskPandharinath Sakharam Chavan Vs. Bhagwan Ramu Kate and ors.
Mumbai
Feb-13-1979
Tenancy
Bombay Tenancy and Agricultural Lands Act, 1948 - Sections 14, 29, 29(1), 29(2), 32, 32(1), 32(1A), 32(1B), 32(1D), 32-A, 32-B, 32-C, 32-D, 32-E, 32-F, 32-G, 32-H, 32-I, 32-J, 32-K, 32-L, 32-M, 32-N, 32-O, 32-P, 32-Q, 32-R and 40; Limitation Act, 1963 - Sections 27; Limitation Act, 1908 - Sections 28; North-Western Provinces Rent Act, 1881 - Sections 95 and 96
AIR1980Bom203; (1980)82BOMLR341; 1979MhLJ337
were extinguished. He submits that it is settled law that the principle enunciated in Section 27 of the Limitation Act, 1963 which is analogous to Section 28 of the Limitation Act, 1908, is of general application. If under a … now enable the heirs to exercise the right of statutory purchase of the said land in terms of Sections 32 to 32-R of the Act.5. The correctness and the legality of that order is challenged by this
Tag this Judgment! AI Brief & AskT. Kaliamurthi and anr. Vs. Five Gori Thaikal Wakf and ors.
Supreme Court of India
Aug-01-2008
LimitationProperty
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)
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 … become barred long, long before the year 1955. The effect of Section 28 of the Limitation Act was that the right to the property was … 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
Tag this Judgment! AI Brief & AskBai Dahi Vs. Amulakhbhai Gambhirbhai Barot
Gujarat
Oct-25-1972
PropertyCivil
Specific Relief Act, 1963 - Sections 4, 6 and 6(2); Limitation Act, 1963 - Sections 29 (2); Bombay Rent Act - Sections 28
AIR1974Guj106; (1973)GLR801
City Civil Court was closed. The question which has, therefore, been raised is whether Section 4 of the Limitation Act, 1963 applies to such a suit, Section 4 provides thus :'Where the prescribed period for my suit, appeal or … 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 only in so tar as, and to the extent to which, they … Jurisdiction to try the suit by virtue of the provisions of Section 28 of the Bombay Rent Act.3. Both these contentions were negatived by the
Tag this Judgment! AI Brief & AskL. Venkata Krishna Reddy (Died) and ors. Vs. M. Anjappa (Died) Per L.R ...
Andhra Pradesh
Apr-29-2009
Contract
Specific Relief Act, 1963 - Sections 28; Limitation Act - Sections 5 - Scheduled - Article 54; Code of Civil Procedure (CPC) - Sections 115 - Order 9, Rule 13 - Order 21, Rule 32
AIR2009AP179; 2009(15)ALT599
on that ground alone. It is also contended that in view of Section 28 of the Specific Relief Act, 1963, the Court below ought to have held that the contract was deemed to have been rescinded on the … on that ground alone. It is also contended that in view of Section 28 of the Specific Relief Act, 1963, the Court below ought to … has not given satisfactory explanation of every day's delay but it is not unlike Section 5 of the Limitation Act, an application for condonation of delay. It is one for extension of time. Under these circumstances, the executing
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