Judgment Search Results Home > Cases Phrase: limitation act 1963 36 of 1963 section 5 extension of prescribed period in certain cases Court: mumbai Page 1 of about 303 results (0.201 seconds)

Navinon Limited Vs. Union of India (Uoi) and anr.

Court : Mumbai

Reported in : 2005(1)BomCR58; 2005(101)ECC532; 2008[12]STR84; [2009]19STT203

..... aggrieved parties will be computed keeping in view the provisions of sections 4 to 24 of the limitation act, 1963. such proceedings will attract section 29(2) of the limitation act and consequently section 5 of the limitation act would also be applicable to such proceedings. appellate authority will have ample jurisdiction to consider the question ..... life insurance corporation of india and others : (1969)iillj711sc and sushila devi v. ramanandan prasad and others, : [1976]2scr845 that the provisions of the limitation act, 1963 apply only to proceedings in 'courts' and not to appeals or applications before bodies other than courts such as quasi judicial tribunals or executive authorities, notwithstanding ..... award cannot be made beyond the period prescribed. the importance of the period fixed under section 34 is emphasised by the provisions of section 36 which provide that'where the time for making an application to set aside the arbitral award under section 34 has expired .... the award shall .....

Hemchand M. Singhania Vs. Shakuntala S. Tiwari (Smt.)

Court : Mumbai

Reported in : 1987(2)BomCR428

..... 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. in the 1908 limitation act there was no division between the applications in specified cases and other application as in the ..... by the two judge bench of this court in athani municipal council case : (1969)iillj651sc (supra) and hold that article 137 of the 1963 limitation act is not confined to applications contemplated by or under the code of civil procedure....''36. shri mahendra shah, the learned counsel, therefore, rightly submit that this authority overrules the earlier ratios making it clear covering applications under article .....

Radheshaym Mohanlal Kaitan Vs. the Maharashtra Revenue Tribunal Nagpur ...

Court : Mumbai

Reported in : AIR1970Bom138; (1970)72BOMLR326; ILR1970Bom867; 1969MhLJ689

..... enumerated in clause (a) of section 29 (2) of the limitation act, 1908 has now been held to apply to a proceeding under section 36 (1) of the tenancy act, section 9 of the limitation act, 1908 will also become applicable to these proceedings. section 9 of the limitation act, 1908 provides- 'where once time has begun to run no subsequent ..... to him, cause of action for the application under section 36 (1) of the act really arose on 23-5-1963 when the possession of the fields was handed over to the landlord by the sub-divisional magistrate. he, therefore, contends that the application is well within limitation from that date. his alternative submission is that the tenant ..... the prescribed period or limitation. the deputy collector also held that 'section 129 (d) of the bombay tenancy act excluded operation of section 36 on lands under criminal court's management' and therefore the period from 28-1-1961 i. e. the date when act no. v of 1961 came into force, till 23-5-1963, when the fields .....

Venkatesh Iyer Vs. Bombay Hospital Trust and Others

Court : Mumbai

Reported in : 1998(3)BomCR503

..... v. kalidas raha reported in a.i.r. 1929 pat 245 to substantiate his arguments that this suit is governed by article 36 of the indian limitation act, 1908 (now corresponding article 113 of the limitation act, 1963) and limitation runs notfrom the date of misfeasance or malfeasance, but from the time the injury results. in the present case at hand ..... to an end in december 1989 after a period of three years as per article 113 of the limitation act, 1963 which is the corresponding clause to article 36 of the indian limitation act, 1908 which is a residual clause. according to them right to sue accrued in december 1986 and the suit ought to have been filed ..... the alleged injury obviously resulted on 16th december 1996 and, therefore, limitation began to run from that date and came to an end in 1989. i .....

State Vs. Yeshwant Parashram Sawant

Court : Mumbai

Reported in : (1977)79BOMLR693

..... june 11, 1973. as the office of this court raised an objection with regard to the delay of 317 days, having regard to the period of limitation laid down under article 114(a) of the limitation act, 1963, the state filed an application being criminal application no. 577 of 1973 for condonation of delay, stating that the copy of the judgment was applied ..... a delay of 317 days on june 11, 1973. the averments made in the application were solemnly affirmed by patkar, clerk in the office of the district magistrate, thana.36. it appears that the criminal appeal and the application for condonation of delay were for hearing for admission before the court on the same day, i.e. july 17, ..... to satisfy the court as to how every day of 317 days delay occurred for a good cause or a sufficient cause within the meaning of section 5 of the limitation act. mr. walawalkar is quite right in his submission that the absence of the usual clerk and the appointment of a new clerk cannot explain the delay of 317 days .....

Routermania Technologies (P.) Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... , this equipment does not even qualify as 'computer system' as per the definition given in explanation (a) below section 36(1)(ix) of the income tax act. since the function of routers is limited only to communication of the data. it is, therefore, held that the routers are entitled for depreciation @ 25 percent under the block ..... in the oxford dictionary. further, the term 'computer system' has been defined in explanation (a) to below sub-section (ix) to section 36(1) of the income tax act as under: "computer system" means a device or collection of devices including input and output support devices and excluding calculators which are not programmable and ..... dictionary and other dictionaries. undisputedly, the computer has not been defined under the income tax act. but, the computer system had been explained in explanation for the purpose of clause (ix) of section 36(1) of the income tax act. according to this explanation, computer system means, a device or a collection of devices including .....

National Textile Corporation (Maharashtra North) Ltd. Vs. Khushalchand ...

Court : Mumbai

Reported in : AIR1982Bom539; 1982(2)BomCR525

..... respect of such non-supplies. it was argued before us that the article of the old limitation act which would apply would be either art 36 or art, 95 of the first sch, to that act, and in either event the entire claim was time-barred. these articles provided as follows:(sec ..... to march 11, 1980 when desai himself received the said copy. the period of limitation must, therefore, be taken to have commenced on mar., 11. 1960. the suit having been filed on feb, 9, 1963 was therefore, well within time, whether art. 120 or article 96 applied on ..... the appellants and sum of rs. 35,17,600 with interest thereon at the rate of 6 per cent per annum from feb., 11, 1963 up to the date of the judgment namely. july 21, 1982 and thereafter at the rate of 4 per cent per annum till payment ..... 48,08,329.69p. with interest at the rate of 6 per cent per annum on rupees 35,55,600 from february 11, 1963 up to the date of the judgment and thereafter at the rate of 4 per cent per annum till payment. according to the case .....

Shreeprakash Shivram Poddar Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2002(3)ALLMR124; 2002(3)BomCR655

..... were made that would be no reason to refuse relief under article 226 of the constitution. learned counsel is right in his submission that the provisions of the limitation act do not as such apply to the granting of relief under article 226. it appears to us, however, that the maximum period fixed by the legislature as ..... enforce the judgment, decree or order accrues to some person capable of releasing the right. there is no dispute that the provisions of section 183 of the limitation act of 1908 would apply in the present case. admittedly, no execution proceedings are ever initiated by the petitioner in the decree passed by this court on 29th february ..... in seeking remedy under article 226 can be measured. in the present case, the limitation provided under article 183 of the limitation act, was 12 years, whereas the petitioner has approached this court by way of present writ petition under article 226 nearly after 36 years, in 1988 for the execution of the said consent decree passed in 1952. .....

P.K. Porwal (by Manager) Vs. Labour Court, Nagpur

Court : Mumbai

Reported in : (1968)70BOMLR104; [1968(16)FLR364]; (1968)IILLJ505Bom

..... obtainable. the provisions that were considered by the supreme court in that case were provisions of the limitation act of 1908 which is no longer applicable to the present state of circumstances. the limitation act of 1908 was repealed and the limitation act 36 of 1963 was brought in force. the act came into force on 1 january, 1964 and the application were made by the workers after april ..... industrial legislation are bound to be filed hereafter. since the point is of such great importance, we hold that a larger bench should decide this particular point : 'whether by the limitation act 36 of 1963, the application in respect of special law is also provided for within art. 137 of the said .....

Ashok Shankarrao Chavan Vs. Anil Trayambakrao Patil

Court : Mumbai

Reported in : (1988)90BOMLR39

..... except the following:(a) criminal cases,(b) applications in civil oases seeking urgent relief, and(c) matters to which the provisions of section 4 of the limitation act, 1963, are not applicable.5. there is another notification no. g/5338 dated november 20, 1985 which needs a mention. this notification authorises the additional registrar, ..... against the order of a tribunal is conferred by section 116a of the representation of the people act, 1951, the act provides a special period of limitation different from the period of limitation prescribed, by article 116 of the limitation act, 1963, for an appeal to the high court under the code of civil procedure from any decree or ..... of the petition was beyond the time prescribed in section 81, it has further to be considered whether the provisions of section 5 of the limitation act 36 of 1963 are applicable to such petitions and whether the petitioner has shown sufficient cause in the petition which has now been filed before this court for not .....