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

Court : Supreme Court of India

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 … 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 far as, and to the extent to which, they are

Nityananda, Vs. Life Insurance Corporation of India and ors.

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 33C(1) and 33C(2); Limitation Act, 1963 - Sections 4 and 5 - Schedule - Article 137

Reported in : AIR1970SC209; [1970(20)FLR153]; 1970LabIC269; (1969)IILLJ711SC; 1970MhLJ439(SC); (1969)2SCC199; [1970]1SCR396

in the various articles are applications filed in a court. Further Section 4 of the Limitation Act, 1963, provides for the contingency when the prescribed … of India under Section 33C(2) of the Industrial Disputes Act, 1947, were barred under Article 137 of the Limitation Act, 1963, insofar as the claim was for period beyond three years. In holding this the Labour Court followed the … Court, Bombay, holding that the applications filed by the appellants against the Life Insurance Corporation of India under Section 33C(2) of the Industrial Disputes Act, 1947, were barred under Article 137 of the Limitation Act, 1963, insofar

Rupam Pictures and anr. Vs. Brijmohan and ors.

Court : Mumbai

Subject : Arbitration

Acts : Code of Civil Procedure (CPC), 1908 - Sections 115 - Articles 158 and 178; Arbitration Act, 1940 - Sections 2, 20, 20(1), 20(2) and 39(1); Limitation Act, 1963 - Sections 2, 4, 5, 14(2) and 37(3) - Schedule - Articles 119, 137 and 181; Industrial Disputes Act, 1947; Indian Limitation Act, 1908

Reported in : AIR1977Bom425; 1977MhLJ298

deciding the question of limitation at all. According to Shri Manohar, the provisions of Article 137 of the Limitation Act, 1963 apply to the present application and, therefore, respondent No. 1 Brijmohan should have filed this application within a … application is not maintainable under Section 115 of the Civil P. C. 4. In my opinion there is some substance in this contention of Shri … ORDER1. Opponent No. 1 Brijmohan filed an application under Section 20 of the Arbitration Act against the applicants as well as opponents Nos. 2 to 5 contending that

A. Gupta Trust Estate Vs. Commissioner of Wealth-tax

Court : Guwahati

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 27, 27(1), 27(2), 27(3), 27(3A), 27(4), 27(5), 27(6), 27(7) and 27(9); Limitation Act, 1963 - Sections 3 to 24 and 29(2); Indian Limitation Act, 1908 - Sections 29(2)

Lahiri, J.1. Whether the provisions of Section 5 of the Limitation Act, 1963, are applicable in proceedings under Section 27(3) of the W.T. Act, 1957 This absorbing and intriguing question has … enabling as well as a disabling provision which, inter alia, provides that subject to the provisions contained in Sections 4 to 24 of the Limitation Act, all applications made after the prescribed period 'shall be dismissed ' although

Bai Dahi Vs. Amulakhbhai Gambhirbhai Barot

Court : Gujarat

Subject : PropertyCivil

Acts : Specific Relief Act, 1963 - Sections 4, 6 and 6(2); Limitation Act, 1963 - Sections 29 (2); Bombay Rent Act - Sections 28

Reported in : 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 are

Liquidator, Warangal Dist. Co-op. Society Ltd. Vs. Appellate Authority ...

Court : Andhra Pradesh

Subject : Limitation

Acts : Payment of Gratuity Act, 1972 - Sections 7(4), 7(7) and 10(1); ;Limitation Act, 1963 - Sections 3, 4 to 24 and 29(2); ;Tamil Nadu Buildings (Lease and Rent Control) Act, 1960; ;Code of Civil Procedure (CPC) - Order 21

Reported in : 2003(1)ALT50

the petitioner herein, it appears, filed an application seeking the condonation of delay invoking Section 5 of the Limitation Act, 1963. The appellate authority declined to condone the delay by a common order passed in all the abovementioned appeals … preferring the appeal or not making the application within the prescribed period of limitation. From the above two sections, it appears that a suit filed beyond the prescribed period of limitation is absolutely barred, but an appeal … application by any special or local law, the provisions contained in Section 4 - 24 (inclusive) shall apply only insofar as, and to the extent

Mohammad Sagir Vs. Bharat Heavy Electricals and ors.

Court : Madhya Pradesh

Subject : Labour and IndustrialLimitation

Acts : Limitation Act, 1963 - Sections 2, 4 to 24 and 29(2); Madhya Pradesh Industrial Relations Act, 1960 - Sections 31(3), 61, 62 and 62(1)

Reported in : (2004)IILLJ1027MP; 2004(2)MPHT179; 2004(2)MPLJ359

by the learned Single Judge to be answered by the Full Bench:'Whether in view of Section 29(2) of Limitation Act, 1963 provision of Section 5 of the Limitation Act, 1963 will apply to an application filed under Sections 62 … decision, Their Lordships in Para 9 held as under:--'9. Counsel has laid great stress on the language of Sections 4 and 5 as also Rule 3 aforequoted in support of his contention. Indeed, he has, also relied on

Mer Ramda Vejunandbhai and Etc. Vs. Hardasbhai Parbatbhai and ors.

Court : Gujarat

Subject : Limitation

Acts : Motor Vehicles Act, 1988 - Sections 116(3), 166(3) and 168; Limitation Act, 1963 - Sections 5 and 29

Reported in : 1992ACJ399; AIR1992Guj122; (1992)2GLR976

of occurrence of accident? Does the proviso exclude expressly or otherwise the application of Section 5 of the Limitation Act, 1963 or principle underlying said Section 5 to an application for condonation of delay caused in filing the application … 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 far as, and to the extent to which, they are

P.S. Angaiya Raja Vs. A.K.D. Alagaraja and ors.

Court : Chennai

Subject : Tenancy

Acts : City Tenants' Protection Act - Sections 9 and 9(1); Limitation Act, 1963 - Sections 4 to 24, 29 and 29(2); Provincial Insolvency Act - Sections 9(1)

Reported in : AIR1977Mad142

have to be made within one month after the service on him of summons. Section 5 of the Limitation Act, 1963, (Act 36 of 1963) provides that any application may be admitted after the prescribed period, if the applicant … Limitation Act, which provides that in an application under any special or local law the provisions contained in Sections 4 to 24 shall apply only in so far as and to the extent to which they are not

Mic Electronics Limited and ors. Vs. Union of India and ors.

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 3, 4 to 24, 30, 33, 34 and 43; Limitation Act, 1963 - Sections 5 and 29(2); Constitution of India - Article 227; Limitation (Amendment) Act, 1996 - Sections 29(2); Code of Civil Procedure (CPC), 1908 - Order XXI; Arbitration Act, 1940

Reported in : 2002(1)ALD191; 2001(6)ALT249

1996?14. It is required to notice that Section 29(2) of the Limitation Act, 1963 makes the provisions of Sections 4 - 24 applicable to special laws like the Arbitration Act, 1996. There cannot be any dispute that the … Chief Judge allowed the applications filed by the Union of India and others under Section 5 of the Limitation Act, 1963 read with Section 43 of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration Act, 1996') to