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Jan 28 2003

NasiruddIn and ors. Vs. Sita Ram Agarwal

Court : Supreme Court of India

Decided on : Jan-28-2003

Subject : TenancyLimitation

Acts : Limitation Act, 1963 - Sections 3, 4 to 24 and 29(2); Rajasthan Premises (Control of Rent & Eviction) Act, 1950 - Sections 13, 13(1) and 13(5); Rajasthan Premises (Control of Rent & Eviction) (Amendment) Act, 1975 - Sections 8; West Bengal Premises Tenancy Act, 1956 - Sections 17(1), 17(2A), 17(2B), 17(3) and 17(4); West Bengal Premises Tenancy (Amendment) Ordinance, 1967 - Sections 2; West Bengal Premises Tenancy (Amendment) Act, 1969; Madhya Pradesh Accommodation Control Act, 1961 - Sections 12, 13(1) and 13(6); Delhi Rent Control Act, 1958 - Sections 14(1), 15 and 15(7); Bihar Buildings (Lease Rent and Eviction) Control Act, 1947 - Sections 11A; Bombay Rent, Hotel, Lodging Houses Rates Control Act, 1947 - Sections 12(3); Contempt of Courts Act - Sections 19; Tamil Nadu Build

Reported in : AIR2003SC1543; 2003(4)CTC284; JT2003(2)SC56; (2003)2MLJ35(SC); RLW2003(2)SC315; 2003(1)SCALE658; (2003)2SCC577; [2003]1SCR634; 2003(2)UJ781(SC); 2003(1)WLN707

As regards applicability of Section 5 of the Limitation Act, 1963 in the matter of default in deposit of rent as also interpretation of the word 'shall' occurring in … Section 19 of the Contempt of Courts Act andlimitation in filing Letters Patent appeal stands attracted. In consequence, Sections 4 to 24 of the Limitation Act stands attracted to Letters Patent appeal insofar as and to the … Allegedly, the respondent did not pay rent for the period 1.8.1986 to 31.1.1987 wherefor upon service of the legal notice, a suit for possession and

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Sep 15 2000

Mrs. Pushpa P. Mulchandani and ors. (All Petitioners Through Constitut ...

Court : Mumbai

Decided on : Sep-15-2000

Subject : ArbitrationLimitation

Acts : Arbitration and Conciliation Act, 1996 - Sections 9, 34(3), 43, 82 and 85(2); Code of Civil Procedure (CPC), 1908 - Sections 24(1) and 141 - Order 1, Rule 10; Arbitration Act, 1940 - Sections 9, 14, 37(1) and 41- Order 1, Rule 8 - Rules 772 to 789; Indian Limitation Act, 1963 - Sections 2, 4 to 24, 29 and 33 - Articles 119 and 137; Constitution of India - Article 226; Indian Limitation Act, 1908 - Article 181; Income Tax Act, 1922 - Sections 26-A; Representation of People Act, 1951 - Sections 81; Motor Vehicles Act, 1939 - Sections 58 and 58(3)

Reported in : 2001(2)ARBLR284(Bom); 2001(1)BomCR592; (2001)1BOMLR169; 2000(4)MhLj819

for impleading one Haresh Melwani was liable to be rejected and also held that Section 21(1) of the Limitation Act, 1963 could not enlarge the power of the Court with regard to condonation of delay which was considerably whittled … section 2(1).22. Mr. Bulchandani relied on section 29 of the Limitation Act to contend that the provisions of sections 4 to 24 of the said Act would apply, unless expressly excluded, in all cases where any special … arising under the 1940 Act, and relying on the provisions of section 37(1) in the 1940 Act, it was held that the provisions of the

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Mar 22 2004

Sri Sobhanadri Lakshmi Narasimhaswamy Varla Veda Pathasala Vs. Distric ...

Court : Andhra Pradesh

Decided on : Mar-22-2004

Subject : Limitation

Acts : Limitation Act, 1963 - Sections 5, 14(2) and 29(2); Andhra Pradesh (A.A.) Inams (Abolition and Conversion into Ryotwari) Act, 1956 - Sections 3(4)

Reported in : 2004(4)ALD240; 2004(4)ALT349

the provisions of Section 29(2) of the Limitation Act, held as under:In view of Section 29(2) of the Limitation Act, 1963, Sections 4 - 24 of the said Act are applicable to the proceedings not only before the Civil Court, … refusing to entertain the appeal filed by the petitioner against the order of the Mandal Revenue Officer, dated 31-3-2002 on the ground that the same is barred by limitation, the petitioner filed the present writ petition.2. The

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Sep 17 2009

Smt. Hetal Alpesh Muchhala Vs. Adityesh Educational Institute and ors.

Court : Mumbai

Decided on : Sep-17-2009

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 33, 34 and 34(3); Central Excise Act, 1944 - Sections 35 and 35(1); Companies Act, 1956 - Sections 10E, 10E(4C), 10E(4D), 10F, 397 and 398; Companies (Amendment) Act, 1963; Companies (Amendment) Act, 1974; Companies (Amendment) Act, 1988; Companies (Second Amendment) Act, 2002; Code of Civil Procedure (CPC) , 1908; Income-tax Act, 1961 - Sections 252; Evidence Act; Limitation Act, 1963 - Sections 3, 4 to 24, 29 and 29(2)

Reported in : [2009]152CompCas75(Bom)

The question which arises for determination in this application is whether the provisions of Section 5 of the Limitation Act, 1963, are applicable to an appeal filed under Section 10F of the Companies Act, 1956.2. Admittedly, a certified copy … limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in Sections 4 - 24 (inclusive) shall apply only in so far as, and to the extent to which, they … on February 16, 2009. However, the company appeal was lodged on July 31, 2009 and the company application seeking condonation of delay in filing the

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Aug 01 2008

Gulbarga University Vs. Mallikarjun S. Kodagali and anr.

Court : Supreme Court of India

Decided on : Aug-01-2008

Subject : Limitation

Acts : Limitation Act, 1963 - Sections 3, 5, 14 and 29(2); Arbitration and Conciliation Act, 1996 - Sections 34, 34(2), 34(3) and 43; Code of Civil Procedure (CPC) - Sections 47; Code of Criminal Procedure (CrPC)

Reported in : 2008(3)ARBLR232(SC); 2008(3)AWC2952(SC); (SCSuppl)2008(4)CHN63; 2008(4)CTC531; 2008(6)KarLJ701; (2008)8MLJ249(SC); 2008(11)SCALE79; 2008AIRSCW6389; 2008(5)LH(SC)3580

S.B. Sinha, J.1. Leave granted.2. Application of Section 14 of the Limitation Act, 1963 in a proceeding under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, `the Act') is … S.B. Sinha, J.1. Leave granted.2. Application of Section 14 of the Limitation Act, 1963 in a proceeding under Section 34 of the Arbitration and Conciliation Act, … Section 14 of the Limitation Act, 1963 in a proceeding under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, `the Act') is

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Oct 14 2004

Fairgrowth Investments Ltd. Vs. the Custodian

Court : Supreme Court of India

Decided on : Oct-14-2004

Subject : CivilLimitation

Acts : The Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 3(2), 3(3), 4(2), 5, 9(A), 9A(1), 9(4), 10, 10(3), 11 and 13; Code of Civil Procedure (CPC) , 1908; ;Karnataka Land Reforms Act, 1961 - Sections 48A; Representation of Peoples Act, 1951 - Sections 19(2), 116A and 116A(3); Consumer Protection Act, 1986 - Sections 13(1); West Bengal Land Reforms Act, 1955 - Sections 8; Code of Criminal Procedure (CrPC) , 1898 - Sections 417(4); Madhya Pradesh Ceiling of Agricultural Holdings Act, 1960; Limitation Act, 1908 - Sections 29, 29(2) and 29(3); Limitation Act, 1951 - Sections 116A(3)

Reported in : 2005(5)ALLMR(SC)708; [2004]122CompCas683(SC); (2004)4CompLJ233(SC); JT2004(9)SC124; 2004(8)SCALE817; (2004)11SCC472; [2004]56SCL507(SC); 2005(1)LC251(SC); MANU/SC/0898/2004

proposition. The next submission of the appellants' counsel was based on the applicability of Section 29(2) of the Limitation Act, 1963 whereby, according to him, the provisions of inter alia Section 5 of the Limitation Act would be applicable … to costs. Civil - The Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 3(2), 3(3), 4(2), 5, 9(A), 9A(1), 9(4), 10, 10(3), 11 and 13; Civil Procedure Code (CPC), 1908; Limitation Act,

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May 02 2006

Prem Singh and ors. Vs. Birbal and ors.

Court : Supreme Court of India

Decided on : May-02-2006

Subject : PropertyLimitation

Acts : Limitation Act, 1963 - Sections 3 and 27 - Schedule - Article 59; Specific Relief Act, 1963 - Sections 31; Indian Registration Act, 1908; Limitation Act, 1908 - Sections 6 and 8 - Schedule - Articles 91 and 114

Reported in : AIR2006SC3608; 2006(3)AWC2512(SC); 2006(6)BomCR332; [2006(3)JCR270(SC)]; JT2006(5)SC311; 2006(2)KLT863(SC); 2006(5)MhLj441; (2006)3MLJ37(SC); 2007MPLJ1(SC); (2006)143PLR647; (2006) 5 SCC 353; MANU/SC/8139/2006

three years from the date of attaining of majority, as is provided for in Article 59 of the Limitation Act, 1963, would not be applicable in the instant case. A second appeal preferred by the Appellants herein was dismissed … the prescribed period, the institution of a suit will be barred. Section 3 of the Limitation Act provides that irrespective of the fact as to … and Ors. : AIR1969Ker163 , a full Bench of the Kerala High Court, while considering the effect of Sections 6 and 8 of the Limitation Act, 1908 observed:When the law confers the capacity on one in a

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Feb 12 2008

Uco Bank, Churchgate Branch Through Mr. K. Venkatachalam Vs. Kanji Man ...

Court : Mumbai

Decided on : Feb-12-2008

Subject : CivilBanking

Acts : Banking Companies Act, 1949; Indian Partnership Act; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002; NPA Act - Sections 2(1), 4(2), 8(1), 10(3), 13, 13(2), 13(3)(A), 13(4), 13(6), 13(8), 13(13), 14, 17, 17(1), 17(2), 17(3), 17(5), 17(7), 19, 31, 34, 35, 36 and 37; Limitation Act, 1963 - Sections 3, 4 to 29, 29(3) and 43(4); Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 4(2) and 13; Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Debts Recovery Tribunal Act - Sections 22 and 24; Security Interest and Recovery of Debts Laws (Amendment) Act, 2004; Arbitration and Conciliation Act, 1996 - Sections 5, 34 and 34(3); Arbitration Act, 1940 - Sections 30 and 53; Arbi

Reported in : 2008(2)ALLMR512; 2008(3)BomCR290; (2008)110BOMLR744; 2008(4)MhLj424

locus to challenge any further action of the bank.18. Mr. Khanavkar further submitted that the provisions of the Limitation Act, 1963 are not applicable to any local or special statutes if the special statute expressly bars the application thereof. … which limitation starts running needs to be further extended. He submitted that possession under Section 13(4)(a) read with Sections 13 (6), (8), 17(1) and Rules 8(1), (3), (6) and Rule 9(9) comprehends both 'symbolic' and 'actual' possession

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Apr 12 1972

Bando Banaji Mutalik Vs. Bhaskar Balaji Kulkarni

Court : Karnataka

Decided on : Apr-12-1972

Subject : Limitation

Acts : Limitation Act, 1963 - Sections 3, 4 to 24, 29(2), 33C(2), 112 and 122 - Schedule - Article 137; Code of Civil Procedure (CPC), 1908 - Sections 9 and 115; Mysore Land Reforms Act, 1961

Reported in : AIR1972Kant311; AIR1972Mys311; (1972)1MysLJ649

time specified under the proviso to Section 4 of the Act, an application under Section 5 of the Limitation Act. 1963, for condonation of delay involved in its presentation, was also filed. According to the proviso to Section 4 … light of the observations made herein, in the circumstances, no costs. - KARNATAKA MUNICIPALITIES ACT, 1964.[K.A. No. 22/1964]. Sections 3 & 11(1): [Ashok B. Hinchigeri, J] Constitution of urban local bodies under Number of Councillors specified in column

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Apr 03 2008

Consolidated Engg. Enterprises Vs. Principal Secy. Irrigation Deptt. a ...

Court : Supreme Court of India

Decided on : Apr-03-2008

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 33, 34, 34(1), 34(2), 34(3), 37, 43, 43(4), 75 and 81; Limitation Act, 1963 - Sections 3, 4 to 24 and 29(2) - Schedule - Articles 116 and 119; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 10A - Order 23, Rules 1 and 2; Uttar Pradesh Sales Tax Rules - Rule 68(5) and 68(6); Constitution of India - Article 226; Arbitration Act, 1940; Uttar Pradesh Sales Tax Act, 1958 - Sections 10 and 10(3B)

Reported in : 2008(6)ALLMR(SC)423; 2008(2)ARBLR139(SC); 2008(3)AWC2908(SC); 2008(5)CTC741; JT2008(6)SC22; (2008)5MLJ431(SC); 2008(6)SCALE748; (2008)7SCC169; 2008AIRSCW4182; 2008(4)AIRKarR428; [2008] 5 SCR 1108

Section 37 of the Act. The issue, namely, whether the provisions of Sections 12 and 14 of the Limitation Act, 1963 are applicable to an application filed under Section 34 of the Act was pending for consideration in other … Rural District, Bangalore in A.S. No. 2 of 2000 dismissing the application submitted by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996 (the Act - for short) as time barred has been set

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