Court : Delhi
Reported in : [1978]48CompCas385(Delhi); 1977RLR391
..... court ruled that, having regard to the change brought about by the act of 1963 article 137 of the limitation act will apply to any petition or application filed under any act to a civil court it must, thereforee, be held that the various applications and petitions under the act would be governed by the act of 1963 except in so far as the act itself makes a provision for limitation such as section 543 of the act and that these applications and petitions would be governed by article 137 ..... the act of 1963 repealed the act of 1908. ..... if the period from february 19, 1968, the commencement of the winding up to july 16, 1970, is excluded for the purpose of determining if the claim had become barred by time before it was made under section 446(2)(b) of the act it obviously follows that on march 20, 1972, when the present claim was filed, a civil suit could have been filed to recover the amount and, if that be so, it was an enforceable claim which could legitimately form subject, ..... as has been nobserved by the supreme court in the case of new delhi municipal committee (supra) the question in such a cash will have to be whether the statute, which provides an alternative remedy, permits the adjudication of claims where a suit on the cause of action was barred by time. ..... in the case of new delhi municipal committee v. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1979Delhi26; 13(1977)DLT5; 1978RLR558
..... has been filed by miss nirmal chaudhary against the order dated 2nd august, 1977, passed by the learned rent control tribunal, delhi, dismissing the application filed by the appellant under section 5 of the limitation act for condensation of delay in filing the certified copy of the order of the learned addl. ..... of order 41 of the code has been incorporated creating a right in favor of the appellant to apply for condensation of delay in the manner provided in the said rule, the proviso to subsection (2) of section 38 of the act and the provisions of section 5 of the limitation act read with section 29(2) thereof, on the other hand, confer power on the court and a consequent right on the appellant. ..... sub-section (2) thereof provides the period of limitation and also contains a proviso analogous to section 5 of the limitation act conferring power on the tribunal, to entertain appeal after the expiry of the period of limitation if he is satisfied that the appellant was prevented by sufficient cause from filing the ..... provision of rule 3a of order 41 of the code cannot be read in such a way as to repeal the power conferred on, a court by the substantive provisions for condensation of delay referred to in the aforesaid ..... the power which is conferred on the tribunal in view of the aforesaid proviso to sub-section (2) of section 38 what about the power which is conferred on the tribunal in view of section 5 of the limitation act, 1963 read with section 29(2) thereof? ..... on 20-12-1963 to secure an .....
Tag this Judgment!Court : Delhi
Reported in : AIR2000Delhi336; [2000]100CompCas659(Delhi); 85(2000)DLT398; 2000(56)DRJ818; (2000)125PLR39
..... in such a case date on which the cheque is delivered to the creditor would be the date from which the limitation would start under section 19 of the limitation act, 1963 for the simple reason that before the cheque is actually delivered by the debtor to the creditor, the debtor cannot be said to have made the payment, nor the creditor can be said ..... it may mentioned here that the plaintiff, out of abundant caution, also filled an application for condensation of delay under section 5 of the limitation act, 1963 along with the suit stating that he was confined to bed from 8th march, 1998 to 15th march, 1998 and that immediately on reopening of the courts the suit was filed on 16th ..... 2 at the business premises of the plaintiff on 18.3.1995 the same had been encased by the bankers of the defendant on 19.3.95 at karol bagh, new delhi, yet with a view to avoid any technical objection on the part of the defendants, an application for the condensation of delay, if any, occasioned in filing the present suit may kindly be read as part of this plaint ..... 062578 dated 11th march, 1995 drawn on union bank of india, karol bagh, new delhi in favor of the plaintiff's firm and, thereafter on various dates when the plaintiff had demanded the dues from the defendants and the ..... against judgment and decree dated 18th january, 1999 passed by shri ved prakash vaish, additional district judge, delhi dismissing the appellant/plaintiff's suit for recovery of rs 177048.58 p holding it to be barred by limitation .....
Tag this Judgment!Court : Delhi
Reported in : AIR2007Delhi231; [2008]144CompCas504(Delhi)
..... in the present case it is not disputed that the amount was deposited by the decree holder with the judgment-debtor company as 'security deposit' for performance of the contract and after adjudication by the arbitrator appointed under the arbitration and conciliation act, 1996, the amount of security deposit which was set apart in a fixed deposit, is to be refunded to the decree-holder after deduction of ..... the security deposit made by the decree-holder for due performance of the contract entered into with the company cannot by any stretch of imagination be held to be the property of the company especially when it has been set apart in the form of a fixed deposit by the company ..... this petition raises an interesting question touching the extent and reach of section 22 of the sick industrial companies (special provisions) act (in short 'the sica'), namely, whether the security deposit given by the tenant to the company (which is before the board for industrial and financial reconstruction/appellant authority for industrial and financial reconstruction) ..... the apex court had occasion in that case to decide the question whether the provisions contained in section 22(1) of the act extended to criminal prosecution of the company for its failure to pay the amount of sales tax recovered by it on behalf of the government ..... has been used in article 70 of the limitation act, 1963 (article 145 of the limitation act, 1908). ..... operative industrial estate, mathura road, new delhi, at a monthly rent of rs .....
Tag this Judgment!Court : Delhi
Reported in : 2002IVAD(Delhi)621; 2002(82)ECC607; 2002(144)ELT36(Del)
..... it is not a case where the appellant herein could take recourse to theprovisions of section 14 of the limitation act, 1963, provisions of which have noapplication to the present case. ..... aggrieved against the above order-in-originaldated 17/10/1997, applicant filed on 16/12/1997 an appel, addressed to thecommissioner (appeals), new delhi inadvertently in the office of the same assistantcommissioner central excise who had passed the order-in-original appealed against.aforesaid mistake was committed by the peon-cum-record keeper of the applicantswho submitted an affidavit dated ..... had the limitation act, 1963 been applicable, the appellant could havetaken recourse to section 14 ..... although the assistantcommissioner central excise either ought to have returned the said appeal to theapplicants or forwarded it to the office of the commissioner (appeals), new delhi, yet hedid not do anything and just slept over it. ..... ) [= 2000(118) elt 77, tribunal, new delhi appears to hold that even if a plea going to the rootof the case is made and admittedly not dealt with by the tribunal, it can not recall itsearlier order to rectify the mistake in the earlier order even if ..... cce, new delhi (supra) wascounter to the contention of the learned counsel for the ..... cce, new delhi, 2000(41) rlt756 and ..... power tocondone the delay after the expiry of normal period of three months for filing the appeal.aggrieved against the said order-in-appeal dated 01/03/2000 applicants filed an appealto the tribunal, new delhi. .....
Tag this Judgment!Court : Delhi
Reported in : 1998IAD(Delhi)484; 71(1998)DLT842; 1998(44)DRJ677
..... suit barred by such contracts - when such a contract has been made, a suit may be brought for its specific performance; and if a suit, other than for such specific performance, or for the recovery of the amount so awarded, is brought by one party to such contract against any other such party, in respect of any subject which they have so agreed to refer, the existence of such ..... evident that article 44(b) of the limitation act, 1963 provides two kinds of cases. ..... and the foregoing discussion, we are of the definite opinion that suit is neither barred by limitation provided under section 44(b) of the limitation act nor it falls within the mischief of abandonment under clause 9 of the insurance policy.42. ..... section 27 reads as under :'27 meaning of service by post - where any [central act] or regulation made after the commencement of this act authorizes or requires any document to be served by post, whether the expression 'serve' or either of the expression 'give' or 'send' or any other expression is used, then, unless a different intention appears, the service shall be deemed ..... of whom one shall be appointed in writing by each of the parties within two calendar months after having been required so to do in writing by the other party in accordance with the provisions of the arbitration act, 1940, as amended from time to time and for the time being in force. ..... in delhi we may dream and aspire for such efficient service, but the fact remains that it cannot be ..... .main mehrauli road,new delhi. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2000Guj261; (2000)2GLR1422
..... 7-1-1972 and 9-1-1973 and the issuance of the aforesaid cheques was quite before the expiry of period of limitation and by virtue of provisions of section 18 of the limitation act, 1963 (for short 'the act') fresh period of limitation should start from the date of issuance of the cheque. ..... when it was signed, but subject to the provisions of the indian evidence act, 1872, oral evidence of its contents shall not be received.explanation :-- for the purposes of this section, (a) an acknowledgement may be sufficient though it omits to specify the exact nature of the property or avers that the time for payment, delivery, performance or enjoyment has not yet come or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to set off or is ..... reported in : [1954]25itr259(sc) , where dealing with section 82 of the negotiable instruments act, 1881 it has been observed as under :--'when it is said that a payment by negotiable instrument is a conditional payment what is meant is that such payment is subject to a condition subsequent that if the negotiable instrument is dishonoured on ..... of the previous limitation act came to be considered in ..... the same, section 18 of the act may first be reproduced :--'18. ..... has observed is that unless the cheque is honoured it could not be regarded as an acknowledgement in writing as contemplated in the provision regarding part payment in writing as appearing in section 20 of the previous limitation act (now section 19). .....
Tag this Judgment!Court : Delhi
Reported in : 33(1987)DLT133; 1987(32)ELT297(Del)
..... district magistrate, dhanbad, bihar and others, : 1986crilj1959 , held as under :- 'where the order of detention under section 3(2) of the national security act was served upon the detenu, when he was already in jail in respect of a murder case and there was no indication that this factor or the question that the said detenu might be released to that there ..... the said ratio to the facts of the case in hand, i have no hesitation to hold that the detailing authority has not acted swiftly in the matter and there was no probity between the prejudicial activity and the detention order. ..... support of the legal importation of the gold tablets, the same were seized by the customs officers on the reasonable beliefs that the same were smuggled and were liable to confiscation under the provisions of customs act, 1962 read with foreign exchange regulation act, 1963. 3. ..... concluded that although the departmental adjudication proceedings are in progress in the matter, it has become necessary to detain the petitioner under cofeposa act, with a view to prevent him from smuggling goods in future. ..... it is well settled that in an order under the cofeposa act, the decision of the authority is subjective one and if one of the grounds is non-existent or irrelevant of is not available under the law, the entire detention order will fall since it is not possible to predicate as to whether ..... the petitioner was arrested u/s 104 of the customs act on 7-8-1986 and produced before the learned chief judicial magistrate, .....
Tag this Judgment!Court : Delhi
Reported in : 2007(4)ARBLR286(Delhi); 2007(99)DRJ499
..... the respondent did not raise any dispute in respect of the performance of the petitioner with regard to the transportation of containers from saharanpur, panipat, dso-otkd, either during or after the arbitration proceedings ..... learned counsel contended that refusal to accept notice amounts to service of notice and since the objections were filed only on 10.02.1998 the same would be barred by limitation even under the arbitration act, 1940 which is 30 days as per the provisions of article 119 of the limitation act, 1963 (hereinafter referred to as the 'limitation act').21. ..... has stated in its reply that it cannot be said that the award is beyond the jurisdiction of the arbitrator just because the disputes referred were only pertaining to the transportation of containers between moradabad and delhi and the transportation of containers from saharanpur, panipat and dso-otkd were not referred to the arbitrator. ..... the court observed in the facts of the case that since it was clear that the provisions of the bombay rent act are not attracted at all, the arbitrator ought to have granted the consequential relief of possession to make his award complete and ..... subject to any deduction that may be made there from, be returned to the transport contractor three calendar months after the termination of the contract and on issuance of 'no dues certificate' by the manager cfs, panipat, manager icd delhi, manager cfs, patparganj new delhi and manager, rail container siding, tuglakabad. ..... 1993 delhi 230. .....
Tag this Judgment!Court : Delhi
Reported in : (2005)194CTR(Del)481; 119(2005)DLT90; 2005(81)DRJ171; [2005]278ITR356(Delhi)
..... in fact, a conjoint reading of sections 239 and 119(2) of the act clearly shows that the application of section 5 of the limitation act to the claims of refund has been specifically included in the act.thus, in our view, the power given to the board under section 119(2) of the act to entertain a belated claim is nothing but incorporation of the provisions of section 5 of the limitation act, 1963.in view of the above, we are satisfied that by virtue of power conferred on the board ..... during the course of assessment of any particular assessed or the discretion of the commissioner of income-tax (appeals).it is true that the aforementioned observations have been made in the context of clause (1) of section 119(2) of the act but we are of the view that the same shall apply in full force even to clause (b) of the said provision clause (a) deals with the power to grant relaxation from the provisions of several sections enumerated therein ..... tax 1996 (49) itr 738 to argue that the post office was acting as an agent of the board in view of the practice and the petitioner having delivered the documents to the post office which in its normal course was liable to deliver the documents to the addressee, the post office would have even acted as an agent of the party for performance of the act. ..... is expected to `cause to exist' or, `to do in form of law' or `to perform with due formalities', would be the part of the obligation which he is required to perform under the provisions of the section. .....
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