Court : Supreme Court of India
Reported in : 2008AIRSCW1223; AIR2008SC1228; 2008(1)ALT36(SC); 2008(1)AWC896(SC); [2008(116)FLR166]; JT2008(1)SC163; 2007(14)SCALE411; ; 2008LABIC1353; 2007(8)Supreme339; 2008(2)CivilLJ352; 2008(1)LH(SC)258
..... the high court held that the stand of the appellant that in view of section 14 of the specific relief act, 1963, suit for specific performance is not maintainable and is subject to certain exceptions. ..... it was held that since there was a solemn promise to employ four persons the appellants should not be permitted to wriggle out the promise by taking the plea that section 14 of the act bars a suit of the nature filed. 5. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2007)ACC47; 2007(1)ALLMR(SC)905; 2007(1)CTLJ53(SC); JT2007(1)SC191; 2006(14)SCALE300
..... repudiation was made on 1st april, 1991 and, thus, the suit having been filed on 7th august, 1992 was within the period of limitation in terms of article 44 of the schedule appended to the limitation act, 1963, the relevant portion whereof is as under:description of suit period of limitation time from which period beings torun(a) ***(b) on a policy of insurance three years the date of the occurrence causingwhen the sum insured is ..... 2(b) is concerned, the learned judge noticed the definition of 'constructive total loss' as contained in section 60 of the marine insurance act, 1963 and opined:there is no 'express provisions' to the contrary in the said policy and as such it cannot be disputed that there has ..... lost when the claim was lodged; (5) the plaintiff has not been able to prove constructive loss by reason of abandonment; (6) that by reason of sections 20 and 32 of the evidence act, it was proved that the goods were still in existence and were in good condition; and (7) that the loss cannot be ascribed to any peril insured as discussed hereinbefore. 13. mr. ..... it was submitted that having regard to sub-section (4) of section 78 of the marine insurance act, the insured had a duty to minimize the loss and only in that view of the matter, respondent extended its assistance which cannot be ..... if we give the defined meaning to the expression 'management' occurring in section 64 of the act, it would mean the state government is required to apply to itself for grant of permission to set .....
Tag this Judgment!Court : Delhi
Reported in : 111(2004)DLT778; 2004(75)DRJ318
..... event, as the petitioner had not filed any application for condensation of delay under section 5 of the limitation act, 1963 along with the revision petition filed before him under section 47 of the dst act on 28.04.1995, the petitioner had no case and that the revision petition was time-barred. ..... order dated 30.11.2000 came to the conclusion that the applicability of section 5 of the limitation act, 1963 has been excluded and as such the delay beyond two years cannot be condoned. ..... the aforesaid facts disclose that although the commissioner held that section 5 of the limitation act would not be applicable in the case of a revision petition under section 47 of the dst act, he did examine the contents of the belated application under section 5 of the limitation act and held that no case for condensation of delay had been made out even on ..... 5170/2003] held that the applicability of section 5 of the limitation act, 1963 was expressly excluded and particularly so by the proviso to section 45(1) of the dst act. ..... date of final hearing took place on this revision petition on 30/5/2000, the petitioner dealer has not filed any application for condensation of delay under section 5 of the limitation act and that an application for condensation of delay in filing the revision petition late has been filed by the ld. ..... to the question of condensation of delay and in particular whether section 5 of the limitation act, 1963 applied in the case of a revision petition under section 47 of the dst act. .....
Tag this Judgment!Court : Mumbai
Reported in : [2004]54SCL43(Bom)
..... the position and the doubts, which have been expressed by the revisional authority while considering the claim of the parties under the provisions of the maharashtra co-operative societies act though viewed in this perspective, it cannot be said that the relief that needs to be granted by this court is in the nature of execution or implementation of the order dated 3rd september, 1986 as ..... was contended on behalf of the respondents that the petitioners have already elected their remedy before the authorities under the provisions of the maharashtra co-operative societies act, for which reason it was not open to them to claim reliefs as pressed into service in this application, which, in substance, is a ..... description, books, papers and documents and also all the liabilities and obligations arising out of and/or relating thereto shall without any further act, deed, matter or thing vest in and be transferred to forgings private limited the transferee company and accordingly the same shall pursuant to section 394(2) of the companies ..... on behalf of the applicants that it has become imperative for the applicants to approach this court under the provisions of section 392 of the companies act, so that the doubt expressed by the revisional authority could be clarified and, in particular, this court would exercise power to supervise the carrying ..... the companies act to suggest that it provides period of limitation different from the period prescribed by the schedule of the limitation act, 1963. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(3)BomCR352
..... brought to my notice provisions of sections 29 and 31 of the administrator general act, 1963. ..... suit is not maintainable, firstly for want of notice under section 164 of the maharashtra co-operative societies act, secondly on the ground that separate suit for cost of another litigation i.e. ..... the provisions of the maharashtra co-operative societies act, and in particular section 164 of the said act must apply and in the absence of statutory notice under section 164 the suit was not ..... bharucha and since it was necessary for the defendants to act in accordance with the will, they have taken legal steps in pursuance of the said will by approaching the administrator general for a ..... (21) whether the provisions of section 164 of themaharashtra co-operative societies act, 1960are mandatory and whether the plaintiff isrequired to file a suit after expiry of twomonths next after such notice in writing hasbeen delivered to the registrar ..... is no question of causing any mental agony to the plaintiff, as the bank has acted bona fide. ..... in fact they acted bona fide and since there was a will executed by the deceased, defendant ..... and that being the business of the society it was clear that the provisions of section 164 of the maharashtra co-operative societies act were attracted. ..... cannot be said to have acted illegally. ..... 1 bank acted in pursuance of the will after obtaining certificate from the administrator ..... suit is also not maintainable for want of under section 164 of the maharashtra cooperative societies act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(1)CTC707; 2008(124)ECC1; 2008(150)LC1(SC); 2008(221)ELT163(SC); 2007(14)SCALE610; (2008)3SCC70; (2008)12VST542(SC); 2008AIRSCW1461
..... it was submitted that the logic of section 5 of the indian limitation act, 1963 (in short the 'limitation act') can be availed for condonation of delay. ..... (1) any person aggrieved by any decision or order passed under this act by a central excise officer, lower in rank than a commissioner of central excise, may appeal to the commissioner of central excise (appeals) [hereafter in this chapter referred to as the commissioner (appeals)] within sixty days from the date of the ..... it is to be noted that the periods 'sixty days' and 'thirty days' have been substituted for 'within three months' and 'three months' by act 14 of 2001, with effect from 11.5.2001. 8. ..... at this juncture, it is relevant to take note of section 35 of the act which reads as follows:35. ..... before the high court appellant had challenged the order passed by the commissioner (appeals), central excise and service tax, ranchi dismissing the appeal filed by the appellant under section 35 of the central excise act, 1944 (in short the 'act'). ..... therefore, there is complete exclusion of section 5 of the limitation act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC1017; 2003(2)ALLMR(SC)1147; 2003(1)AWC671(SC); 95(2003)CLT629(SC); 2003(1)CTC364; 2003(70)DRJ339; JT2003(1)SC141; (2003)2MLJ1(SC); 2003(1)SCALE155; (2003)3SCC614;
..... till date of passing the final decree and its execution or till the remedy is barred by limitation under article 137 of the schedule to the limitation act, 1963 the court has power and jurisdiction to entertain the application to pass the final decree. ..... in its absence on expiry of the limitation of three years from the date fixed in the preliminary decree expired under article 137 of the schedule to limitation act, 1963 (article 181 of schedule i of old act), the plaintiff is debarred to enforce the right to pass the final decree. ..... such a provision has been made evidently having regard to the right of redemption of a mortgagor in terms of section 60 of the transfer of property act and further having regard to the fact that a usufructuary mortgagee would be entitled to possess the property in question till a final decree of redemption is passed.22. ..... by reason of article 61 of the limitation act, 1963, the limitation provided for a suit to redeem or recover the possession of immovable property mortgaged by a mortgagor is thirty years from the date of accrual of right to redeem or recover possession. ..... and in particular order xxxiv rule 7 read with rule 8 thereof cannot supersede article 137 of the limitation act, 1963. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1815; 2004(176)ELT24(SC); JT2004(1)SC232; 2004(1)SCALE341; (2004)3SCC214
..... the bombay port trust (hereinafter 'bpt', for short), presently constituted and governed by the major port trust act, 1963, and now known as the board of trustees of the port of mumbai, is an 'authority' within the meaning of article 12 of ..... in dwarkadas marfatia (supra) that the public authorities which enjoy the benefit without being hidebound by the requirements of the rent act, must act for public benefit and where they fall to do so they render themselves amenable to adjudication under civil review jurisdiction of the ..... solicitor general that in the absence of adequate material being available on record the question as to the applicability of the maharashtra rent control act, 1999, to the bombay port trust and its premises should not be decided in the present case and should rather be left open to be taken care of in appropriate proceedings at an ..... subject matter of several legislations governing its constitution, administration, powers and duties, some of which are the bombay port trust act, 1873, the bombay port trust act, 1879 and the major port trust act, 1963. ..... charge any rent from its lessees as it pleases in view of its having been exempted from the operation of the rent control law or is it only to act in a fair and reasonable manner in the matter of dealing with its lessees and charging rent from them? ..... , the learned single judge held that the proposed revision of rent and the consequent demand of rent did not breach the provisions of the major port trust act, 1963. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 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 court was of the view that in spite of 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 must perform his part of the contract in reasonable time and by looking at ..... under section 16 of the specific relief act, 1963 (for short 'the act') there are certain grounds which bar the relief of specific ..... the judgment-debtor filed an application in these very proceedings under section 28 of the act for rescission of the contract which had resulted in passing of the decree on the ground that the balance consideration was not deposited within one month of the ..... the question before the court was whether application under section 28 of the act was maintainable on the execution side in a decree passed in the same ..... : 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 is a condition precedent to grant the relief of specific performance and that this circumstance is material and relevant and is required to be ..... again, while considering the provisions of section 28 of the act as applicable to the facts of the case before it ..... to why the balance amount of consideration could not be deposited within time granted by the court and why no application was made under section 28 of the act seeking extension of time of this period. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998IAD(SC)408; AIR1998SC970; 1998(1)ALT24(SC); 1998(46)BLJR1151; 1998(1)CTC621; JT1998(1)SC262; (1998)IIMLJ6(SC); 1998(1)SCALE178; (1998)2SCC226; [1998]1SCR284; 1998(1)LC3
..... it will be noticed that a provision to that effect has now been incorporated in section 16(c) of the specific relief act, 1963 but there was no such statutory provision before 1963 act. .....
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