Judgment Search Results Home > Cases Phrase: displaced persons debts adjustment act 1951 section 36 extension of period of limitation Page 1 of about 51 results (0.092 seconds)

Pearl Insurance Co. Vs. Atma Ram

Court : Punjab and Haryana

Reported in : AIR1960P& H236

..... the matter the question no. 2 as framed by the division bench will have to be re-cast as follows:'whether by virtue of section 36(b) of the displaced persons (debts adjustment) act, 1951, read with the opening part of the section, it was open to the plaintiff to institute the present suit within one year of the commencement of ..... the provisions of section 28 of the contract act.(10) on the second point the contention raised on behalf of the appellant company is that section 36 of the displaced persons (debts adjustment) act 1951, hereinafter called the act, can be of no assistance whatsoever to the respondent as it does not apply to a case of the present kind. section ..... not opposed to public policy it would be hit by the provisions contained in section 28 of the contract act. as to the effect of section 36 of the displaced persons (debts adjustment) act 1951 the bench did not express any definite opinion and all that was observed was that the decision on the effect of section 36(b) would be .....

Sh. Viranwati Vs. Gulab Singh

Court : Punjab and Haryana

Reported in : AIR1956P& H172

..... khosla, j.1. the only question for my decision in this appeal is whether the appellant's application under section 10, displaced persons (debt adjustment) act, 70 of 1951, was barred by time.2. the appellant's claim was based on a promissory note executed at ..... the question of jurisdiction. there are four types of cases, namelyp.(a) suits or claims by displaced persons against displaced persons; (b) suits by displaced persons against non-displaced persons; (c) suits by non-displaced persons against non-displaced persons; and (d) suits by non-displaced persons against displaced persons. we are not here concerned with category (c) because the legislation under consideration does not deal with ..... contained in section 3, indian limitation act, 1908 (9 of 1908) or in any special or local law, any suit or other legal proceedingby a displaced person- (a) where such suit or other legal proceeding is instituted in pursuance of section 4 and the period of limitation expires or has expired on or .....

Bal Gopal Das Vs. Mohan Singh and anr.

Court : Allahabad

Reported in : AIR1964All504

..... to the high court within the meaning of section 115 civil procedure code. i would, therefore, answer the question referred as follows:-'the tribunal constituted under the displaced persons (debts adjustment), act, 1951 (lxx of 1951) is a court subordinate to the high court within the meaning of section 115, civil procedure code and a revision lies ..... the affirmative.c.c. mathur, j.60. the following question has been referred for the opinion of this full bench:'is the tribunal constituted under the displaced persons (debts adjustment) act, 1951 (lxx of 1951) a court subordinate to the high court within the meaning of section 115, civil procedure code? does a revision under section ..... that order and the point that has been formulated for the decision of the full bench is as follows:-'is the tribunal constituted under the displaced persons (debts adjustment) act, no. 70 of 1951, a court subordinate to the high court within the meaning oe section 115 civil procedure code. does a revision under .....

Ghaki Mal Hukum Chand Vs. Great American Insurance Co. Ltd.

Court : Punjab and Haryana

Reported in : AIR1960P& H523

..... the plaintiff to enforce their claim against the insurance company till the present application for recovery of rupees one lac was filed on 1st of august 1952 under the displaced persons (debts adjustment) act, 1951, which came into force with effect from 8th november 1951. it is common ground that the plaintiff would have no cause of action at all ..... with persistence, they must be taken to have abandoned any idea of bringing a suit till the fortuitous remedy came to their aid by the passage of the displaced persons (debts adjustment) act, apart from a general evidence of rioting and arson there is no data for arriving at a figure of exact loss suffered by the plaintiff. the ..... ltd. v. attar singh, 1954-56 pun lr 246, where it was held by kapur j. that a foreign company is a company within the meaning of the displaced persons (debts adjustment) act. mr. bedi does not accept the ruling of this decision which, however, is binding on me. nor do i see any force in the contention that sections .....

Ram Lal Puri Vs. Gokalnagar Sugar Mills Co. Ltd.

Court : Supreme Court of India

..... by article 97.(8) this brings me to the alternative argument raised by shri chopra that limitation in this case was extended by virtue of section 36(a) displaced persons (debts adjustment) act. it is however conceded that he can take advantage of this provision only, if the west punjab ordinance 7 of 1947 and its successor west punjab ..... of the learned tribunal was expressed in the following words:'the petition was filed on 8-12-1962. by virtue of the provisions of section 36(a) of the displaced persons (debts adjustment) act, 1951, the limitation was extended by one year from the commencement of the said act, viz. 10th december, 1952. the petitioner's claim is, therefore, ..... the property in question.on 8-12-1952, he presented his application under section 10 of the displaced persons (debts adjustment) act, lxx of 1951 seeking payment of rs.50,000 as debt due to him from the vendor-company within the contemplation of debt as defined in section 2(6) of the said act. the tribunal seemed to be of .....

The Hyderabad (Sind) Electric Supply Co. Ltd. Vs. Union of India (Uoi) ...

Court : Punjab and Haryana

Reported in : AIR1959P& H199

..... petitioning company, however, is that the registrar has accorded recognition to this company and has entered its name in his register under section 43 of the displaced persons (debts adjustment) act and therefore under section 43(4) the company should be deemed to have been formed and registered under the indian companies act 1913.on the ..... an application had been made to the registrar of companies, bombay, for recognition and registration of the company under section 43 of the displaced persons (debts adjustment) act. 1951. the company was so recognised and registered on 29-4-1953, at bombay.mangha ram on behalf of the company, as registered under ..... claim was originally rejected by the claims officer on the ground that the company was not a displaced person within the claims act of 1950. subsequently the company got recognised and registered under section 43 of the displaced persons (debts adjustment) act and applied for a reconsideration of the matter under the claims act of 1950.the claims .....

United Commercial Bank Ltd. Vs. Okara GraIn Buyers Syndicate Ltd. and ...

Court : Supreme Court of India

Reported in : AIR1968SC1115; [1968]38CompCas636(SC); [1968]3SCR396

..... deposit receipt. the syndicate claimed interest at rate of 6% per annum from the date on which the petition was filed before the tribunal under the displaced persons (debt adjustment) act 70 of 1951. interest from the date of the petition was within the discretion of the high court, and the high court has awarded interest ..... in that behalf was given by the district magistrate relinquishing his lien on the fixed deposit receipt. the syndicate then filed a petition before the debt adjustment tribunal, amritsar, under s. 13 of the displaced persons (debt adjustment) act 70 of 1951, for an order against the bank for payment of rs. 40,000/- as principal and rs. 3,200/- ..... appointed by the government of undivided punjab to administer a scheme for rationing of cloth. the cloth mills through its branch office at lyallpur supplied those persons with cloth from time to time and maintained a running account of the transactions. on partition in 1947, lyallpur was allotted to pakistan and the plaintiffs .....

Ram Lal JaIn Vs. Central Bank of India Ltd., Bombay

Court : Punjab and Haryana

Reported in : AIR1961P& H340; [1961]31CompCas338(P& H)

..... pecuniary liability arises. it is true that the extent of the liability is not at that stage ascertained, but then the definition of 'debt', as contained in the displaced persons (debts adjustment) act expressly includes unascertained pecuniary liability, and it seems to me that the intention behind the use ofthose words was to include, ..... alleged by the bank. the tribunal was not satisfied, however, that the claim made in the case fell within the definition of a 'debt' as contained in the displaced persons (debts adjustment) act and, therefore, concluded that it had no jurisdiction to grant any relief to the appellant. the petition was consequently dismissed and ..... the weight of judicial opinion against me, that i have decided to dissent. 40. the question in this case is whether the expression 'debt', as defined in the displaced persons (debts adjustment) act, 1951, includes a claim to compensation for damage caused by the breach of a contract, and more particularly caused by the failure .....

Ramchand Tillumal Vs. Khubchand Daswani and ors.

Court : Mumbai

Reported in : AIR1955Bom138; (1954)56BOMLR828; ILR1954Bom1319

..... brother.13. the question for decision in this appeal is whether, when a displaced debtor applies to the tribunal for the adjustment of his debts, the term 'debt' is governed by the definition of 'debt' as given in clause (a) or clause (b) of sub-section (6) of section 2 of the displaced persons (debts adjustment) act, 1951, and when a judgment-creditor applies for the recovery of his ..... claim, the term 'debt' is governed by the definition of 'debt' as given in clause (c .....

Baburao K. Pai Vs. Dalsukh M. Pancholi

Court : Mumbai

Reported in : AIR1955Bom89; (1954)56BOMLR496

..... summary suit in this court against the defendant on 8-4-1952. on 6-5-1952, the defendant made an application under section 5 of the displaced persons (debts adjustment) act to the tribunal in delhi who is the senior sub-judge there.on 30-9-1953, the plaintiff took out a summons for judgment and ..... of having the following issue determined:'whether this court has jurisdiction to determine whether the defendant is 'a displaced person' and whether the claim in suit is 'a debt' within the meaning of those words in the displaced persons (debts adjustment) act?'the learned judge also expressed an opinion that inasmuch as there were conflicting decisions of single judges ..... to a division bench. thereupon this matter has been referred to this bench.2. the displaced persons (debts adjustment) act (70 of 1951) is an act passed by parliament setting up a special tribunal to deal with debts due to and by displaced persons, and the question that we have to consider is, what is the jurisdiction of this .....