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Shri Victor Albuquerque Vs. Saraswat Co-operative Bank Ltd. and Others

Court : Mumbai

Subject : LimitationCivil

Acts : Indian Limitation Act, 1963 - Sections 5; Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1 and 2

Reported in : 1998(3)ALLMR393; 1998(3)BomCR93

and others v. Rewa Coalfields Ltd. : [1962]2SCR762 in all cases falling under section 5 of the Limitation Act, 1963 what the party has to show is as to why he did not file the appeal even on … others v. Rewa Coalfields Ltd. : [1962]2SCR762 in all cases falling under section 5 of the Limitation Act, 1963 what the party has to show … was filed on 21st June 1997. In any case, the said application was filed after the period of limitation prescribed for filing the appeal was over. It is apparent from the record, therefore, that till 17th June

R.B. Ramlingam Vs. R.B. Bhvaneswari

Court : Supreme Court of India

Subject : Limitation

Acts : Limitation Act, 1963 - Sections 5; Constitution of India - Article 136

Reported in : 2009(3)AWC2443(SC); (2009)IIILLJ7SC; 2009(2)SCALE108; (2009)2SCC689; 2009(2)LC692(SC)

whether prosecution of Review Proceedings would be sufficient cause for purposes of Section 5 of the Limitation Act, 1963. This query was raised by the … Review Application No. 35/07. This application was filed in time prescribed for filing the Review Petition under the Limitation Act, 1963. However, vide Order dated 27.3.2008 the said Review Application No. 85/07 stood rejected. This special leave … Application No. 35/07. This application was filed in time prescribed for filing the Review Petition under the Limitation Act, 1963. However, vide Order dated 27.3.2008 the said Review Application No. 85/07 stood rejected. This special leave petition is

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

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 … 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 … only contingency contemplated is 'when the court is closed'. Again under Section 5 it is only a court which is enabled to admit an application … 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

A.V.U. Engineers (P) Ltd. Vs. Appellate Deputy Commissioner (Ct), Hyde ...

Court : Andhra Pradesh

Subject : Sales TaxLimitation

Acts : Limitation Act, 1963 - Sections 3, 4 to 24, 29(2) and 29(5); Andhra Pradesh General Sales Tax Act, 1957 - Sections 19; Andhra Pradesh General Sales Tax (Amendment) Act, 1997

Reported in : 2005(2)ALD544; [2005]142STC52(AP)

the appeal within the stipulated period. It is contended that there is no specific exclusion of the Limitation Act, 1963, therefore, the provisions of the Limitation Act are applicable by virtue of Section 29(2) of the said Act. … of the above provision unmistakably show that the Legislature has deliberately excluded the application of the principles underlying Sections 5 and 14 of the Limitation Act, except to the extent and in the truncated form embodied in Sub-section … to entertain the appeals on the ground that they are barred by limitation. The petitioners are, therefore, seeking writ of mandamus directing the first Appellate

Kunhimuhammed Vs. M.K. Khadeeja and anr.

Court : Kerala

Subject : CommercialCriminal

Acts : Negotiable Instruments Act, 1881 - Sections 138 and 142; Limitation Act, 1963 - Sections 5 and 29(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 2 and 473

Reported in : [1998]92CompCas610(Ker)

Section 378 of the new Code, that (page 108) :'There is an important departure made by the Limitation Act, 1963, in so far as the provision contained in Section 29, Sub-section (2) is concerned. Whereas, under the Indian … ; AIR 1976 SC 105, while dealing with the question whether Section 5 of the Limitation Act applied to an application for special leave made … Judicial Magistrate of the First' Class shall try any offence punishable under Section 138,' 3. There was no limitation for initiating criminal proceedings before trial courts under the Criminal Procedure Code, 1898. But a period was prescribed … as if such period was the period prescribed by the Schedule ;(ii) Sections 4 - 24 shall apply for the purpose of determining any period

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

Court : Mumbai

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

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. … 4 to 24 become applicable by virtue of Section 29, under Section 5 of the Limitation Act, application before DRT can be admitted after the … application within 45 days from 15/7/2005. The respondents have not done so. The application was, therefore, barred by limitation. The DRT dismissed the application.11. The respondents carried an appeal to the Debts Recovery Appellate Tribunal (for short, … 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)

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

Court : Andhra Pradesh

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

exclude the operation of the Limitation Act, 1963; and (2) that the limitations prescribed under the special or local law is different from what is … the appeal, and pass appropriate orders thereon, in accordance with law. No costs. Limitation - wrong forum - Sections 5, 14 (2) and 29 (2) of Limitation Act, 1963 and Section 3 (4) of Andhra Pradesh (A.A.) Inams … 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,

Gram Panchayat Committee, Potharam (V), Mallial Mandal, Karimnagar Dis ...

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Limitation Act, 1963 - Sections 5; Payment of Wages Act, 1936 - Sections 17

Reported in : 1997(6)ALT112

aggrieved parties will be computed keeping in view the provisions of Sections 4 - 24 of the Limitation Act, 1963. Such proceedings will attract Section 29(2) of the Limitation Act and consequently Section 5 of the Limitation Act … delay if any in taking Execution Proceedings could be condoned under the provisions of Section 5 of the Limitation Act which categorically excludes Execution Proceeding under Order XXI of the Civil Procedure Code, with greater emphasis on

Commissioner of Agricultural Income-tax Vs. Thalayar Rubber Industries ...

Court : Kerala

Subject : Direct Taxation

Acts : Kerala Agricultural Income-tax Act, 1950 - Sections 16(4), 60(1) and 69; Limitation Act, 1963 - Sections 5, 12(2), 14 and 29(2); Kerala Appellate Tribunal Regulations - Regulations 20(1), 20(2) and 28(2)

Reported in : [1981]131ITR162(Ker)

the Limitation Act, 1963, applies only to courts and prescribes periods of limitations in respect of suits, appeals and applications filed only in courts. Section … the Tribunal has jurisdiction to condone the delay under Section 5 read with Section 29(2) of the Limitation Act, 1963. Section 29(2) of the Limitation Act is extracted below : '29. (2) Where any special or local law … of the above provision unmistakably show that the legislature has deliberately excluded the application of the principles underlying Sections 5 and 14 of the Limitation Act, except to the extent and in, the truncated form embodied in Sub-section

Commissioner Customs Department Vs. Smt. Nirmala Mitra

Court : Patna

Subject : CustomsLimitation

Acts : Customs Act, 1962 - Sections 130A; Limitation Act, 1963 - Sections 5 and 29(2)

scheme underlying the provisions of the Act concerned and the nature of powers, the extent thereof or the limitations, if any, contained therein with particular reference to the intention of the legislature as well, found expressed therein. … question of admission. Nagendra Rai, J.--I agree. Order accordingly. (A) Customs Act, 1962, Section 130-A - Indian Limitation Act, 1963, Sections 29(2) and 5--Applicability of provisions to condone the delay--Application filed under Section 130-A of Act 1962--Whether the High