Court : Mumbai
Reported in : (2008)110BOMLR3251; 2008(133)ECC197; 2008(159)LC197(Bombay); 2009(233)ELT171(Bom); 2009[13]STR358
..... western builders : air2006sc2525 where the court took the view that in that case with reference to section 43 of the arbitration and conciliation act, 1996 and the limitation act, 1963, the court held that limitation act would apply to its limited extent by virtue of section 29(2) of the limitation act, what is excluded in respect of the application of setting aside an award under section 34 of the act of 1996. ..... 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. ..... to the language of that provision, that is, section 35, the court held that there was complete exclusion of section 5 of the limitation act and the view taken by the commissioner and the high court that delay could not be condoned was correct law.24. ..... before we proceed to deliberate on the legal issues arising in the present case, it is necessary to note that section 35g of the act as well as section 130 of the income tax act, 1962, came to be repealed by the national tax tribunal act, 2005 (49 of 2005) with effect from 28th december 2005. ..... have already noticed that the provisions of section 35g(9) are procedurally applicable subsequent to the entertainment of the appeal by the court in accordance with the provisions of the central excise act as the appeal is in furtherance to a statutory provision and not provided for under the provisions of the civil procedure code. ..... in the case of municipal corporation of delhi and ors. v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)ALLMR600; 2009(1)BomCR757; (2008)110BOMLR3696; 2009(2)MhLj28
..... a question of limitation can be tried as a preliminary issue under section 9a of code of civil procedure,1908.ii) to support the contention that limitation ousts the jurisdiction of the court, it was submitted that section 3, limitation act, 1963, provides that a suit, application or appeal after the prescribed period shall be dismissed even though limitation is not set up as a defence.iii) mr. ..... the learned senior counsel, secondly contended that the suit framed and filed before the high court was within time even without the benefit of section 14 of limitation act, 1963.i) the appellants claim that their causes of action are the letter of revalidation and the certificate issued by respondent no. ..... otherwise, the observations of the hon'ble supreme court in ittyavira mathai's case was in the context when a court fails to perform its duty under section 3 of the limitation act, it would be commission of an error and not lack of jurisdiction. ..... decided by the learned single judge, has been repealed by section 32, cpc (amendment) act, 1999 and section 16, cpc (amendment) act, 2002. ..... gaikwad : 2008(1)bomcr709 has categorically held that the code of civil procedure amendment act,2002, does not repeal section 9a of code of civil procedure. ..... these amendments repeal any provisions of the code of civil procedure, added by the state legislatures or the high courts, which are inconsistent with the cpc as ..... the light of the above amendments, section 9a should be deemed to have been repealed. mr. .....
Tag this Judgment!Court : Delhi
Reported in : 69(1997)DLT996; 1997(43)DRJ591; (1998)118PLR6; 1998RLR148
..... haridas mundhra , it was held that the fact that the decree did not fix time for completing the contract did not prevent either party from demanding performance from the other party within a reasonable time and thus make time essential, as the parties had that liberty before the decree was passed and the decree did not ..... abrogate that liberty in any way, and if the party from whom the performance was demanded evinced by his conduct that he was unwilling to perform his part, then it was open to the party claiming performance to rescind the contract and obtain an order from the court adjudging rescission of the contract and the decree thereon. ..... the sale deed executed in three months time but the plaintiff was not ready and willing and infact failed to perform his obligations, that the compromise decree was in the nature of preliminary decree which had become unexcitable due to non performance of this obligations by the plaintiff, the defendant has filed the present application for rescinding the contract. ..... defendant application under section 28 of the specific relief act, 1963 (hereinafter referred to as the act) for rescinding the contract dated 16 may 1984 ..... it is true that in an appropriate case, the court, in control of the suit for specific performance, is competent to extend the time for deposit, but the plaintiff/decree holder herein has not placed on record any fact or circumstance entitling him ..... new delhi. .....
Tag this Judgment!Court : Delhi
Reported in : 2006(90)DRJ276
..... of the judgment is as under:the grant of decree for specific performance is a matter of discretion under section 20 of the specific relief act, 1963. ..... the learned counsel appears to be totally contradictory to the well accepted concept of pleadings and cannot be accepted.the jurisdiction vested in the court to decline specific performance and grant alternative relief is a jurisdiction of equity and good conscience and must be exercised in consonance of the settled principles of law. ..... merit in the contentions raised by the learned counsel appearing for the appellant in as much as the only reason given for declining a decree of specific performance in favor of the plaintiff is that no document had been placed on record to show that defendant was the owner of the property.6. ..... settled principle of law that it is not mandatory for a court to grant relief of decree for specific performance, simply for the reason that the plaintiff has proved his case and it is lawful to do so. ..... the legislative intention behind section 20 cannot be stated to be that a party first fails to perform its part of the agreement later contests litigation on frivolous basis then that party cannot be permitted to raise a plea in equity that value of the property has increased disproportionately resulting in an undue advantage to the plaintiff ..... 100, jhilmil colony, shahdara, delhi, is decreed in favor of ..... colony, shahdara, delhi admeasuring 57.50 ..... on pages 96-99 dated 18.1.2002 in the office of the sub-registrar, delhi. .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1233
..... has to be realised with equal seriousness and concern by the politician as well as by the police.in the eight report, the commission deals with accountability of police performance and para 65.7 makes the following recommendations :-65.7 the responsibility should be squarely fixed on the officers of the level of sp and above to carefully watch the reputation ..... of the municipality on 8.11.2005 at 1.00 pm.the fifth respondent has produced a statement indicating the offences registered against pratapbhai r gohil, husband of councillor meenaben gohil under the bombay prohibition act, but the police officers have not shown a single circumstance to show that councillors anilbhai patel and meenaben gohil would have escaped and avoided arrest if they were allowed to go inside ..... two years.the allegations in the fir only constitute offences under section 66(1)(b) for which the maximum sentence is two years and accused premilaben named as accused in the fir under the prohibition act was arrested on 5.11.2005 and released on 6.11.2005 after having been granted bail by the magistrate.it is also relevant to note that it was stated in the fir that the police ..... on 29.10.2005, the collector, anand issued a notice under section 32 of the gujarat municipalities act, 1963 (hereinafter referred to as 'the act') and rules 3 and 4 of the gujarat municipalities (president and vice president) election rules 1964 (hereinafter referred to as 'the rules' or 'the election rules') declaring the program ..... delhi .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR96
..... either is not qualified or is disqualified for being chosen to fill the seat under any of the following provisions that may be applicable, namely: articles 84, 102, 173 and 191, part ii of this act, and sections 4 and 14 of the government of union territories act, 1963; or (b) that there has been a failure to comply with any of the provisions of section 33 or section 34; or (c) that the signature of candidate or the proposer on nomination paper is not genuine. ..... the judgment of any court or directions issued by the election commission, no candidate shall be liable to disclose or furnish any such information in respect of his election which is not required to be disclosed or furnished under the act or the rules made thereunder, is on the face of it beyond the legislative competence, as this court has held that voter has a fundamental right under article 19(1)(a) to know the antecedents of a candidate for various reasons recorded ..... 10418076.00 block at nagpur (pritam builders) 1503625.00 flat 1268288.00 property at vrindavan 807020.00 properties at new delhi share in residential property in green park, new delhi 980000.00 residential flat at green park 1500000.00new delhi ---------- 2480000.00 other properties flat at bhamti parsodi 2106000.00 office presumes at 220000.00 shankarnagar at minimatanagar 260000.00------------ ..... those writ petitions, the ordinance was repealed and on 28.12.2002 the representation of the people (3rd amending) act came into force with retrospective effect .....
Tag this Judgment!Court : Delhi
Reported in : ILR1976Delhi412
..... an application under section 5 of the limitation act, 1963 for condensation of delay in filing objections under section 30 of the arbitration act, 1940 (hereinafter referred to as the act) against the award dated 31-10-1975. ..... vohra, survey or of works, cwe, palam that the high court notice was received in the office of the chief engineer, delhi zone on 28-1-1976, that the deputy legal adviser accordingly issued instructions to government pleader by a letter (annexure d) in which it was mentioned that the period of limitation for filing objections to the award expires on 27-2- ..... vishka,rma shilpi and another (1975) 1 delhi 788, a division bench of this court recorded 'that in para 8 of the judgment of the single judge there is an observation that section 5 of the limitation act docs not apply to proceedings under the arbitration act but this point was not urged either before the learned single judge or before the division bench and it is un-necessary to go into this aspect of the question ..... (8) the facts as disclosed in the present application arc that cwe, palam (af), delhi cantt-10 received summons dated 21-1-1976 (annexure a) along with letter dated 29-1-1976 (annexure b) from the chief engineer, that a stamp was put by the office of the chief engineer on the back of ..... designs, engineer-in-chief's branch, army hq, new delhi to act as an arbitrator in the matter. ..... the filing of the award was served on the union of india represented by the chief engineer, delhi zone, delhi cantt. .....
Tag this Judgment!Court : Delhi
Reported in : 118(2005)DLT591; 2005(81)DRJ233
..... section 14(1)(a) of the specific relief act, 1963 provides hat a contract for non-performance, of which compensation in money is adequate relief, cannot be specifically enforced. ..... the parties have also filed contempt petition against each other under article 215 of the constitution of india, read with sections 2(c), 15 and 17 of the contempt of court act, for initiation of contempt proceedings, inter alias on the plea that the documents filed by the other side are forged and fabricated with an intent to mislead the court. ..... in a suit for enforcement of contract for construction of a building, the party seeking specific performance of the contract has to satisfy three conditions, contained in proviso to clause (c) of sub-section (3) of section 14. ..... (v) registrar general of this court is directed to lodge a complaint to the dcp (crime branch), delhi for registration of the case, investigating and prosecution of accused person (s),in accordance with directions contained in paras 5 and 6 above. ..... on or about 10.9.2004 petitioners ca me to know that the secretary was planning to award the work under the agreement to some third party (swati housing construction, nic, new delhi), without following the procedure of inviting the tender. ..... the respondents floated tender for construction of high-rise, residential flats at plot no.19, sector -12, dwarka, new delhi (hereinafter, 'the site'). .....
Tag this Judgment!Court : Delhi
Reported in : 121(2005)DLT98; 2005(81)DRJ715
..... 5204836 which admittedly pertain to the period prior to 1991 and both the reliefs are clearly beyond the period of limitation as prescribed under limitation act, 1963 accordingly both the reliefs are hopelessly barred by law of limitation and the plaintiffs' as well as the supplier's right to sue had been extinguished long time ago by operation of law of limitation thereforee, the ..... entitled to the protection of judicial officers protection act, 1850 and no suit would be maintainable against him for any act performed in judicial capacity and in good faith. ..... of mandatory injunction directing, commanding and requiring the defendant to discharge all claims and demands of the delhi vidyut board and its successor bses rajdhani power ltd. ..... /- and mandatory injunction directing commanding and requiring the defendant to discharge all claims and demands of delhi vidyut board and its successor bses rajdhani power ltd. ..... or a tenant would be of hardly any significance for the reason whether it is rent or license fee, amount paid is more than rs.3,500/- per month and, thereforee, defendant would not have the protection of the delhi rent control act, 1958.75. ..... b-87, mayapuri industrial area, phase-1, new delhi, comprising right side of his room, centre bay and godown and one bay without any portion of the terrace on a monthly ..... b-87, mayapuri industrial area phase-i, new delhi, comprising right side office rooms, centre bay and godown and one bay without any portion of the terrace (total covered .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1981Guj75; (1981)GLR642
..... act, 1963, bombay district municipal act, 1901, was repealed, section 279 while repealing the bombay district municipal act, 1901; provides for the effect of repeal. ..... to the annual letting value determined in any one of the aforesaid two manners, it is permissible for the assessing authority(a) to add all increases which are permitted to be added under the provisions of the bombay rent act; and(b) also 'all payments made or agreed to be made by a tenant to the owner of the building or land on account of occupation, taxes under any law for the time being in force, insurance ..... elements are included in the annual rent, it becomes the gross annual rent as contemplated by section 3 of the punjab municipal act, 1911, however, whether there is annual rent which, includes certain elements as contemplated by section 2(1) of gujarat municipalities act, 1963, or whether it is gross annual rent as contemplated by punjab municipal act, 1911, it must be one at which a building may reasonably be expected, to let form year to year. ..... 'subject to any general or special orders which the state government may make in this behalf and to the provisions of sections 101 and 102, a municipality may impose for the purposes of this act any of the following taxes, namely:- (i) a tax on buildings or lands situate within the municipal borough to be based on the annual letting value or the capital value or a percentage of capital ..... in that case, the delhi rent control act, 1958, was applicable to the building ..... delhi .....
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