Court : Allahabad
Reported in : 2008(1)AWC27
..... vijay singh : 2001ecr229(sc) , approved the reasoning of the full bench of calcutta high court in mamuda khateen (supra), that when an appeal is barred by limitation, the appeal cannot be admitted at all until the application under section 5 of the indian limitation act is allowed and until then the appeal petition even if filed, will remain ..... decision of the full bench of the calcutta high court in mamuda khateen's case and that of the apex court in ratan singh's case would be applicable ..... air1976cal415 , a full bench of the calcutta high court held in paras 7 and 8 as follows ..... no distinction can however be drawn with a case where the application under section 5 of the limitation act is rejected without there being any formal order dismissing the application for setting aside the award itself inasmuch as after the rejection of the delay condonation application the fate of the application ..... appears that the order impugned in the revision rejecting the application under section 5 of the limitation act had sealed the fate of the application under order ix, rule 13, c.p.c. ..... rejecting the application under section 5 is the main order in such a case and the rejection of the application under section 5 of the limitation act tantamounts to the rejection of the application under order ix, rule 13, c.p.c. ..... it is not so, the order rejecting the application for conversion does not require to be interfered with in exercise of extraordinary jurisdiction under article 226 of the constitution.3. .....
Tag this Judgment!Court : Orissa
Reported in : I(1990)DMC335
..... held by a learned judge of 'the allahabad high court that the limitation for setting aside an ex parte order of maintenance begins from the date of knowledge of the order and not from the date of passing of the order.earlier, a learned judge of the calcutta high court in air 1971 calcutta 244, hamandra nath chowdhury v. ..... rash behari ganguli, a learned judge of the calcutta high court accepted the view that the period of limitation for filing application for setting aside the ex parte order of maintenance commences from the date of the order and not from the date of knowledge ..... , a division bench of the calcutta high court held that no application for setting aside an ex parte order of maintenance should be filed within three months from the date of the order itself and not from the date of ..... from the above discussion, there is sharp difference of opinion of different high courts with regard to computation of starting point of limitation for a petition for setting aside an ex parte order of maintenance. ..... held that a party aggrieved by an ex parte order passed under section 488 of the code may be entitled to apply for the extention of the period of limitation under section 5 of the limitation act, 1963 which does not appear to be a relevant consideration for the purpose of interpreting section 488(c), proviso of the old code. ..... the ex parte order and preceding to hear the case in the absence of and without notice to the petitioner were illegal and completely without jurisdiction.10. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1953; [1965]35CompCas881(SC); [1965]3SCR708
..... 1957, the appellant presented an application in tabular form for execution of the decree on the ordinary original civil side of the calcutta high court, and the present appeal has arisen out of the proceedings following thereon. ..... appeal on a certificate granted by the calcutta high court raises a question as to the interpretation ..... and order dated september 22, 1959 of the calcutta high court in appeal from original order no. ..... , the appellant presented an application in a tabular form for execution of the decree, on the ordinary original civil side of the calcutta high court. ..... defendant judgment debtor had failed to pay any portion of the decretal amount or interest, that the decree-holder bank was wound up by an order of the court dated august 3, 1948 on a petition for winding-up presented to it on may 11, 1948 and that the court liquidator, high court, and the official liquidator of the decree-holder bank, be appointed receiver without security and without remuneration, to collect and realise the amount payable to the ..... (2) notwithstanding anything to the contrary contained in the indian limitation act, 1908 or section 543 of the companies act, 1956 or in any other law for the time being in force, there shall be no period of limitation for the recovery of arrears of calls from any director of a banking company which is being wound up or for the enforcement by the banking company against any of its directors of any claim based on a contract, express or ..... appellate jurisdiction: civil .....
Tag this Judgment!Court : Chennai
Reported in : (1920)38MLJ1
..... 209 the learned judges of the calcutta high court (the appellate court) not only do not rely upon section 14 of the limitation act, but expressly say 'we feel grave doubt whether the case falls within ..... their lordships do not rely upon section 14 of the limitation act which relates to the exclusion of time during which proceedings in court without jurisdiction are being prosecuted; but put it on the broad ground that the sale itself became ' confirmed' within the meaning of the expression in the third column of article 12 of the limitation act only on the date when the proceedings closed before the board of revenue, that is in august 1886, though there had been a confirmation ..... at page 785 their lordships say that they did not base their decision on the provision of section 14 of the limitation act which provides for the exclusion of the time of proceeding bona tide in court without jurisdiction, but because they were of opinion 'that there was no final, conclusive and definitive order confirming the sale, while the question whether the sale should be confirmed was in litigation, or until the ..... 25th september 1882 by the district collector and confirmed by the commissioner on 25-1-1884, though brought in july 1887 more than one year from the date of such confirmation, was not barred by article 12 of act 15 of 1877, because the board of revenue whether with or without jurisdiction, had set aside the commissioner's order though it afterwards discharged its own order on 21-8-1866. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1929Mad53; (1929)56MLJ10
..... 'the learned judges observe at page 36:in fact there is a uniform course of decisions in all the high, courts that article 116 of the limitation act would be applicable to a; mere money claim based on a registered bond, 'and not the general article ..... view has been taken by the calcutta high court in a series of cases.29 ..... ascertained sum of money due on a bond, that even if it did, the article could only apply to cases not provided for specifically by any of the other articles, that where the question is as to which of two articles of the limitation act is to be applied, the more particular and specific article should be regarded as the article which has to be applied and that as articles 66 and 67 make specific provision for the recovery of money due on a single bond, there is no ..... 389, and the concluding portion of the passage which they cite from the judgment of the calcutta high court is to the effect that the personal liability has become barred as the suit was commenced more than six years after the accrual of the cause ..... the learned judge after finding that the sub-registrar had no jurisdiction over the property observes:if i am right in that conclusion, it follows that the document cannot take effect as a mortgage deed; but, as it is registered, although the suit has been brought more than three years ..... a deed of mortgage is ineffectual owing to registration by a registrar having no jurisdiction over the property, the liability on the personal covenant is governed by article 116 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1917All309; 37Ind.Cas.4
..... haw no doubt whatever that on the authorities a decree such as these mortgagors obtained or the 29th of november 1899 is to be treated as moveable property, and we may refer in this connection to the calcutta high court in gous mahomed v. ..... the point was raised in the court of the subordinate judge, and his view was that for the purposes of hypothecation the decree mortgaged to the plaintiff being a mortgage decree, it ought to be treated as immoveable property, and, therefore, article 132 of schedule i of the limitation act applied, and he gave the plaintiff a period of twelve years within which to bring his ..... it is quite true, as has been argued on behalf of the appellant, that limitation for a suit based upon a hypothecation of moveable property is governed by article 120, schedule i, of the limitation act : but it seems to us that, since it has been found that the moveable property which was mortgaged or charged in the first instance has been converted into immoveable property, the mortgagee is entitled not only to ..... argument, therefore, is that any suit brought to enforce the charge against this portion of the property is governel by article 120 of schedule i of the limitation act, that is to say, the period for a suit against moveable property is six years. ..... remarks in his judgment that it is true that there are rulings in which it has been held that 'for the purposes of registration, sale in execution of decree and jurisdiction a hypothecation is considered moveable property'. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H308; (1962)ILLJ579P& H
..... . atul chandra, air 1919 cal 381, where observations to the contrary were made by the calcutta high court and it was held that the benefit of section 14 cannot be allowed to a party for ..... dealing with this matter in his treatise on limitation act (sixth edition) at page 159 observe as under:'failure of a suit on the grounds that it is not maintainable or that it disclose no cause of action or is premature; such cases are not covered by section 14, as the suit fails, nor for defect of jurisdiction, etc ..... the earlier proceedings certainly were on the same cause of action and, therefore, he is entitled to the benefit of section 14 of the limitation act and if that benefit is allowed to him, it is stated by the learned counsel for the corporation, then the application would be ..... for permanent partial disablement had not arisen and, therefore, it was dismissed as premature and for proceedings which are taken at a time when cause of action had not arisen, no benefit under section 14 of the limitation act can be allowed to the corporation which has to file an application within the period prescribed under section 80 ..... as aforesaid the provisions of parts ii and iii of the india limitation act, 1908 shall so far as may be applied to every such ..... this application was opposed by the company on two grounds namely that it was barred by limitation and that there was no negligence or wrongful act on the part of the company which resulted in the accident giving rise to the claim .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal508
..... behalf of the respondent, it is argued that i have jurisdiction to decide these questions, that this is the appropriate time when they should be decided and that the only object of shutting out an adjudication now was to be able to say before the district court of berhampore that the decree was to be deemed as that of the calcutta high court, and as such, the provisions of the orissa money lenders act did not apply. ..... wordings of the order, as it is material:'it is ordered that the rajah be & is hereby appointed guardian of the property of the said sri ramchandra patta deo during his minority & that the rajah shall have the following limited powers (and no others), that is to say:firstly, as such guardian as aforesaid and for the purpose of binding the interest of the said sri ramchandra patta deo therein to mortgage the estates of khallikote and atagada for ..... it was expected that after the conclusion of the first world-war, india would attain the status of a self-governing dominion, but all that happened was the passing of the government of india act, 1919, which in its preamble contained a pledge of the gradual development of self-governing institutions with a view to the progressive realization of responsible government in british india as an integral part of the ..... vague objective was admitted by the governor-general in 1929' to be the attainment of 'dominion status', but in the government of india act of 1935 which repealed the act of 1919, the previous preamble was retained. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(3)ALD745; 2007(4)ALT209
..... further, if any party claims the benefit under section 14 of the limitation act, it must satisfy the court that it was prosecuting the relief in another civil court with due diligence, on the same issue, in good faith, but on account of lack of jurisdiction, detected at a later point of time, the initial proceedings could ..... way back in the year 1878, a division bench of the calcutta high court explained the concept of 'adverse possession' as under:by adverse possession i understand to be meant possession by a person holding the land, on his own behalf, of some person other than the true owner, the true owner having ..... suit, in exercise of power under section 3 of the limitation act, the court must be satisfied that the plea of limitation does not require any further consideration. ..... the limitation act places a duty upon the court, to examine the question as to whether the matter before it is barred by imitation, notwithstanding the fact that no defence as to limitation was ..... it is no doubt true that as per the amendment to article 65 of the limitation act, whenever a suit for recovery of possession based on title is filed, the burden would be upon the defendant, to plead and prove that his possession over the suit schedule property is adverse to the ..... the claim of the petitioner based on section 14 of the limitation act, on the ground that she filed an application to punish the 8th respondent, for highhandedly dispossessing her, on the strength of an order of temporary injunction .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(4)AWC4182
..... to us, whether the limitation act will be liberally construed or not, that is depending upon the consideration of the appropriate court not of this court, whose jurisdiction itself is in question. ..... this appeal arises out of the judgment and order passed by the concerned civil court, shahjahanpur dated 28th may, 2007, by which the application of the appellants under section 5 of the limitation act, 1963 has been rejected and accordingly the application under order ix, rule 13 of the code of civil procedure, 1908 (hereinafter in short called as ..... with some of those decisions a full bench of the calcutta high court [s.p. ..... feel what subsequent judgment is more attractive than the earlier one not only because it has been delivered at a later point of time but also for the reasons that it is arising out of civil court's jurisdiction.7. ..... ' the reasoning of the full bench was that when an appeal is barred by limitation the appeal cannot be admitted at all until the application under section 5 of the limitation act is allowed and until then the appeal petition, even if filed, will remain in ..... we have no doubt that the decisions rendered by the high courts holding the contrary view do not lay down the correct principle of ..... we are aware that some decisions of the high courts have taken the view that even rejecting an appeal on the ground that it was presented, out of time is a decree within the meaning of the said ..... are also aware of the contrary decisions rendered by high courts on the same point. .....
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