Court : Delhi
Reported in : 1998IVAD(Delhi)197; 1998(46)DRJ537
..... the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with both :provided that nothing contained in ..... period within which the payee or the holder in due course can file a complaint and such period cannot be extended under section 473 of the code of criminal procedure as section 142 of the act prevails over section 473 of the code of criminal procedure which permits the court to take cognizance of an offence even after the expiry of the period of limitation if it is satisfied on facts ..... the case has to be referred to a larger bench with regard to the application of section 473 of the code of criminal procedure and section 5 of the limitation act will have to be considered subsequently depending upon the answer to the question, namely, as to when the petitioners were served with the notice of demand dated september ..... respondent sent a complaint under section 138 of the negotiable instruments act, 1881 (for short 'the act') through registered post to the court of the chief metropolitan magistrate, delhi, which appears to have been received in the court on november ..... of the limitation act, 1963 would be applicable to a complaint filed beyond the period prescribed under section 142(b) of the act. .....
Tag this Judgment!Court : Delhi
Reported in : 48(1992)DLT125
..... this regard their lordships observed as follows: '18.the alteration of the division as well as the change in the collocation of words in article 137 of the limitation act, 1963 compared with article 181 of the 1908 limitation act shows that applications contemplated under article 137 are not applications confined to the code of civil procedure. ..... clause 3(i) of the agreement reads as under: '3.the grantee will, during the continuance of the license observe and perform the covenants and provisions following, that is to say: (i) during the period of the said term the grantee will pay to the corporation for 14 years a royalty of 2 1/2 on the net ex-factory sale price of the iron ..... but it has to be an application to a court for the reason sections 4 and 5 of the 1963' limitation act speak of expiry of prescribed period when court is closed and extension of prescribed period if applicant or the appellant satisfies the court that he had sufficient cause for not preferring the appeal or making the ..... 1980 delhi 185 is as follows: 'ii.the present petition under section 20 of the arbitration act is also barred by limitation as provided by the indian limitation act. ..... delhi development authority, : [1988]3scr351 and judgment of the delhi high court in shah construction company ..... position in law as noticed by this court in new delhi municipal committee v. ..... corporation of delhi : air1985delhi358 ..... of india, janpath, new delhi. ..... on bank of india, janpath, new delhi. ..... bank of india, janpath, ` new delhi. .....
Tag this Judgment!Court : Delhi
Reported in : [1988]64CompCas169(Delhi)
..... of the agreement, the pcc was responsible for the payment to the petitioner of all dues connected with the sales made by it and to indemnify the petitioner against all losses caused by any reach or non-performance of any contract entered into between the pcc and any person in respect of the sale of the petitioner's goods. ..... petitioner, however, strongly relies also on the affidavit dated february 28,1984, as constituting an acknowledgment which extends limitation by a further period of three years within section 18 of the limitation act,1963. ..... is also not the case of the petitioner that it has reworked on this basis, its earlier claims in its letter of february, 1979, vis-a-vis the delhi office alone and retreated its claim in respect of other places. ..... regard to the nature of the charges in question, it is possible that though the letter only refers to delhi it may have been considered applicable to incidental charges at all stations. ..... in this statements, it was reiterated that the creditors at the delhi, kanpur and calcutta branches, respecti-vely, were to the extent of rs.3,98,821.61, ..... debit balances of the kanpur, calcutta andnew delhi branches of the pcc includinginterest up to 31-8-79 less adjustment of asecurity deposit of ..... which was the aggregate of the debit balances of the three branches of the pcc at kanpur, calcutta and delhi outstanding in the books of the petitioner company. ..... of tenancy rights at a low rent of three premises, one in delhi, one in bombay and one in calcutta. .....
Tag this Judgment!Court : Delhi
Reported in : 2007(2)ARBLR446(Delhi); 139(2007)DLT71; 2007(95)DRJ581
..... agreement in april, 2002 and the period of 30 days for appointment of an arbitrator by mutual consent had expired in may, 2002, the limitation for filing an application under section 11 of the act started to run in may, 2002 and expired some time in may, 2005 and that, thereforee, the present arbitration application is barred by limitation does not appear to be correct.21. ..... though it omits to specify the exact nature of the right or is accompanied by refusal to perform the obligation corresponding to the right claimed by the other party. 13. ..... act, 1963 specifically applies to arbitrations, section 5 of the limitation act would also apply to an application/petition under section 11(5) of the limitation act ..... wherein the hon'ble supreme court held, in relation to an application under section 20 of the arbitration act, 1940 (the 1940 act), that period of limitation for filing such an application is three years, and the right to file such an application accrues on the date when disputes ..... it is submitted that the petitioner could invoke the jurisdiction of this court to appoint an arbitrator in terms of section 11 of the act within three years from the date on which the cause of action last arose, and if it is found that the cause of action lastly arose in december 2002, the present petition would ..... lohia, retired district judge, delhi as the sole arbitrator to adjudicate upon the claims and ..... of accountsregister, as mentioned above new delhi anuradha. ..... delhi ..... delhi development authority .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC1908; 2006(5)ALD51(SC); 129(2006)DLT719(SC); [2007(1)JCR110(SC)]; JT2006(5)SC168; 2006(2)KLT700(SC); RLW2006(3)SC2129; 2006(5)SCALE1; (2006)5SCC603; [2006]145STC57
..... definition of 'goods' in the constitution, in the sales of goods act 1930, the central sales tax act, 1956 the tamil nadu general sales tax act, 1959, the karnataka sales tax act, 1957, as well as the kerala general sales tax act, 1963 and said that all these definitions provided that goods mean inter alia ..... valuable consideration.these definitions of 'goods' reflect the definition of the word in the sales of goods act, 1930 which reads:every kind of movable property other than actionable claims and money; and includes stock and shares, growing crops, grass, and things attached to or forming part of the land ..... , deferred payment or other valuable considerations;other clauses give extended meanings which are not material.similarly the expressions 'goods' and 'sale' were defined in section 2(d) and (g) respectively of the bengal act thus;2(d) 'goods' include all kinds of movable property other than actionable claims, stocks, shares or securities;2(g) 'sale' means any transfer of property in goods for cash or deferred payment or other ..... the delhi high court in the judgment on which the referral order has been passed, rejected a challenge to the constitutional validity of section 4(1)(cc) of the delhi sales tax act, 1975 as introduced by the delhi sales tax (second amendment) act 1994 ..... supported by consideration, upon breach of which either a claim for specific performance or damages would lie (said v. .....
Tag this Judgment!Court : Delhi
Reported in : 150(2008)DLT37; 2008(102)DRJ189
..... or streets;(d) the regular line of street or streets;(e) the arrangements to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting street or streets;(2) the provisions of this act and the bye-laws made there under as to width of the public streets and the height of buildings abutting thereon, shall apply in the case of streets referred to in sub-section(1) and all the ..... or which are in the opinion of the standing committee likely to be made for carrying out any general scheme of development of delhi whether contained in the master plan or a zonal development plan prepared for delhi or not; or(b) if the said lay-out plan does not conform to the provisions of this act and bye-laws made there under;or(c) if any street proposed in the plan is not designed so as to connect at one ..... to comment that the emergence of the current incongruous and irreconciliable situation in this case clearly shows the lethargic and lackadaisical attitude on the part of the civic authorities in performing their obligations and in passing on the buck to each other instead of working in tandem.23. ..... stated by some of the private respondents that the land in question falls under the 'lal dora' and thus the provisions of neither the mcd act nor the delhi development act, 1957 are applicable and no permission has to be taken from the said authorities. ..... that by notification dated 2nd november, 1963 under section 22(1) of the dda act, the land was placed at the .....
Tag this Judgment!Court : Delhi
Reported in : 2003(2)ARBLR127(Delhi); 102(2003)DLT445; [2003]42SCL256(Delhi)
..... written application for dismissal of the applications filed by the appellants under section 34 of the arbitration act, 1940, as not pressed in view of the repeal of the 1940 act and coming into force of the 1996 act an getting orders thereon, the appellants herein have once again moved the high court under section 8 of the act, with a request for stay of proceedings before the high court as well as the trial court ..... any of them either during the continuance of the agreement or after termination or purported termination hereof it shall be referred to arbitration of the bcci bombay in accordance with the rules of the indian arbitration act, 1940 for the time being in force and decision of the arbitration whether on question of law or of fact shall be final and binding on the parties.'3. ..... shall not be liable or responsible in any way for the non-performance, if any, of the equipment and further that the lessee shall look solely to the manufacturer/supplier or its selling agents for the performance of guarantees and warrantees with respect to the equipment. ..... i would appreciate if you could give me some time either in mumbai or in delhi next week at your convenience, so that in person i can explain to you in greater detail the above mentioned facts.we look forward to ..... building agreement which, because of the inherently detailed reciprocal obligations, is seldom specifically enforced by the court, as can be gathered inter alias from a reading of section 14 of the specific relief act, 1963. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1976Delhi35; ILR1976Delhi31
..... of public law and the association of authority and government with the word 'person' suggests that a person must be acting in a public capacity as a holder of a public office and in the performance of a public duty before he can become the subset of a public law remedy like mandamus. ..... authority is a body, not necessarily a country council, municipal corporation or other local authority, which has public or statutory duties to perform, and which performs those duties and carries out its transactions for the benefit of the public and not for private profit..................a natural or individual person might, when acting in execution of a public duty, be a public authority....... ....... ..... if, on the other hand, such a person acts as a public authority in exercise of a statutory power or in the performance of a statutory or public duty, then the public law remedies such as the issue of a writ under article 226 would be ..... deshpande (1) is a writ petition maintainable against the principal of a private college recognised by the university of delhi in accordance with the delhi university act, 1922 and the statutes and ordinances framed there under is the principal of such a college bound to grant an opportunity to a student to show cause why she should not be prevented from appearing at her examination on the ..... bagleshwar prasad : [1963]3scr767 that the exercise of the discretion by the educational authorities would generally be respected by the courts who would be slow to interfere .....
Tag this Judgment!Court : Delhi
Reported in : 2004(74)DRJ574; 2004(94)ECC373; 2004(178)ELT137(Del)
..... the conclusion is, thereforee, irresistible that in a case where an application for special leave to appeal from an order of acquittal is filed after the coming into force of the limitation act, 1963, section 5 would be available to the applicant and if he can show that he had sufficient cause for not preferring the application within the time limit of sixty days prescribed in sub-section (4) of ..... madan lal das & sons (supra), the court observed that it was a direct decision on the point that section 29(2) of the limitation act, 1963 would be applicable for computing periods of limitation prescribed by a local or special law, even though the authority before which such proceeding may be filed under the local or special law may not be ..... the difference in the two provisions lies in the fact that while section 5 of the limitation act, 1963 is 'open-ended', the proviso to section 35(1) also stipulates that such appeal which is beyond time can only be presented within a further period of thirty ..... the meaning given in the dictionary has been relied upon, but what we have to see is whether the scheme of the special law, that is in this case the act, and the nature of the remedy provided therein are such that the legislature intended it to be a complete code by itself which alone should govern the several matters provided ..... municipal corporation of delhi, : 1976crilj179 (at page ..... the petitioner preferred an appeal before the central excise and gold (control) appellate tribunal, new delhi. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(3)ALLMR79; [2004(102)FLR1160]; (2004)IIILLJ862Bom; 2004(3)MhLj572
..... .the learned single judge of this court considered the nature of scheme of the said act of 1963 and held that section 5 of the limitation act of 1963 will have application to the revision application under section 397 of the criminal procedure code, ..... further submitted that once it is held that the appellate authority is a court, there is nothing in the said act of 1972 which expressly excludes applicability of sections 4 to 24 of the said act of 1963 and therefore, provisions of section 5 will squarely apply in case of an appeal preferred before the appellate authority. ..... that the provisions of section 29(2)of the said act of 1963 will have no application in view of the language of section 14 of the said act of 1972 and therefore, section 5 of the said act of 1963 cannot of the limitation act were applicable only to the court and appellate authority under the provisions of section 7(7) of the payment of gratuity act could not be said to be the court. ..... : air1996sc2437 .in this judgment, the apex court has taken a view that sections 4 to 24 of the said act of 1963 stand attracted to letters patent appeal insofar as and to the extent to which they are not expressly excluded either by ..... in the said judgment of the apex court a view was taken that the provisions of the limitation act, 1963, apply to the proceedings in courts and not to appeals or applications before the bodies other than courts such as quasi judicial tribunals or executive authorities, notwithstanding the fact that such .....
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