Court : Allahabad
Reported in : AIR1963All284
..... , which does not conform to the requirements of the law in regard to balance-sheets, could be taken as an acknowledgment under section 19 of the indian limitation act. the authorised controller could possibly authorise a person having the functions of management to acknowledge a liability, for he had the power to authorise the disposal of ..... the balance-sheet as at 7th october, 1955, which purported to bear the signature of sheo nath singh, as a valid acknowledgment under section 19 of the limitation act. the controversy before us narrowed down to a controversy on two questions only, first, whether sheo nath singh had the authority, in fact, to sign the balance ..... assistance to the appellant to prove their case in regard to the letter.36. we now come to consider the question as to whether the balance-sheets relied upon could provide adequate acknowledgment under the provisions of section 19 of the indian limitation act. before a balance-sheet could be relied upon as an acknowledgment it had .....
Tag this Judgment!Court : Allahabad
Reported in : [1973]30STC41(All)
..... s.t.c. 57 ?(2) whether in these cases in which refund was claimed on the principles of section 72 of the indian contract act, the period of limitation under article 96 of the limitation act could be taken into consideration by the sales tax authorities in refusing to allow refund ?(3) whether under the circumstances of the case as ..... tax officer who rejected the same on 23rd september, 1963, on the ground that it was barred by time. the sales tax officer took the view that the claim for refund should have been made within three years as prescribed under article 96 of the indian limitation act and the limitation started from the last day of august, 1954, the ..... additional judge (revisions), sales tax, was legally justified in holding that the sums deposited by the company towards sales tax for the year 1948-49 was refundable to the company ?36. r. s. pathak, j., has answered the question in the negative, whereas r. l. gulati, j., has answered it in the affirmative.37. the sales tax officer .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1948All382
..... . they reiterated the grounds taken in the plaint and took up an additional ground, namely, that, in view of the provisions of section 2, professions tax limitation act, 1941, (act 20 [xx] of 1941), no tax in excess of rupees fifty per annum could be levied upon them. learned district judge upheld the finding of the trial ..... court as regards the plaintiffs' residence, but found that, in view of the provisions of section 2, professions tax limitation act, 1941, the plaintiffs were not liable for more than rupees fifty per annum for the tax. he accordingly allowed the appeal and granted the plaintiffs an injunction ..... relation to professions, trades, callings and employments, the generality of the entry in the federal legislative list relating to taxes on income.36. section 2, professions tax limitation act runs as follows:notwithstanding the provisions of any law for the time being in force, any taxes payable in respect of any one person to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1929All625
..... filed simply to show that raghunath prasad was the assignee of the decree. it was further contended by the appellant that in calculating the period of limitation under article 182, limitation act, the period during which the decree was with the collector for execution should be excluded. the bench hearing the appeal came to the conclusion that the ..... the court. in appeal the subordinate judge held that the application was made to the proper court but was not in accordance with law and did not save limitation.36. the decree-holder appealed to this court and it was contended by the counsel for the appellant in that case that the application of 4th march 1921 ..... or delivering the instalment in respect of which the applicant; seeks to enforce the decree.128. on the other hand the language which had been employed by the limitation act 9 of 1871 was somewhat altered to clarify the intention of the legislature without introducing any expression like 'good faith' or 'bona fide' as would otherwise be .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All995; 159Ind.Cas.977
..... it was instituted in june 1929 and the wrong, if any, was done in 1923. they wish to apply the provisions of article 36, limitation act. that is a residuary article. this is clearly a suit for a relief on the ground of fraud and article 95 applies to it. that being so, time begins to ..... december 1926 the suit was within time. the appellants also relied upon the provisions of sections 14 and 18, limitation act, but it was not necessary to invoke the aid of these provisions. i hold that the suit was not barred by limitation.17. it was one of the points taken by the respondents in the court below that the appellants were barred ..... then proceeded). i agree with my learned brother that the plaintiff's puit is not harried by limitation or by the fact that in proceedings under the companies act certain sums were awarded, in winding up proceedings, against the auditors. i also agree that mela ram acted within the scope of his authority when he gave receipts to belti shah. it was not .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1978MP72
..... sub-section (3) of section 11 of the madhya pradesh ceiling on agricultural holdings act 1960, section 5 of the limitation act would be applicable in view of the provisions contained in section 29 (2) of the limitation act (no. 36 of 1963)?2. the facts giving rise to the present reference in brief are that proceedings under ..... section 11 of the madhya pradesh ceiling on agricultural holdings act 1960 (hereinafter referred to as 'the ceiling act') were initiated against the appellants. a draft statement ..... for in sub-section (3) of section 11 of the ceiling act, section 5 of the limitation act will be applicable.9. therefore, our answer to the second question is that section 5 of the limitation act 1963 will be applicable for considering the question of limitation in regard to an objection petition filed under sub-section (3) .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1986MP122; 1985MPLJ786
..... and section 257-a inserted in the code are as under : '170-a. certain transfer to be set aside. (1) notwithstanding anything contained in the limitation act, 1963 (no. 36 of 1963), the sub-divisional officer may, on his own motion or on an application made by a transferor of agricultural land belonging to a tribe which has been ..... effect of sub-section (2) is to usurp the judicial function. it was also urged that there is repugnancy between central enactments like the limitation act, transfer of property act and contract act, for sub-section (2) it was also argued by some counsel that its effect results in deprivation of means of livelihood necessaryfor existence with ..... that there is no violation of article 14. 22. the argument of repugnancy based on clause (2) of article 254 with reference to the limitation act, transfer of property act and the contract act can be disposed of on a short ground only. clause (2) of article 254 relates to matters enumerated in the concurrent list. it is .....
Tag this Judgment!Court : Orissa
Reported in : AIR1989Ori158; 68(1989)CLT82
..... 8, 9, 18 and 19 shall apply to all appeals and applications under this act.' '13. appeal -- (1) any person aggrieved by an order ..... the code of civil procedure, (act 5 of 1908). (2) xx x x x x x x x(3) x x x x x x x x x (4) subject to the provisions of this act, the provisions of the limitation act, 36 of 1963 except sections 6, 7, ..... order. this submission is apparently fallacious for the reasons indicated above. the period of 30 days only prescribes the period of limitation and its mode of computation. but, it cannot be restricted or hedged by the provisions of rule 13 as that construction ..... rent controller to proceedings before him as principles of natural justice and that such provisions apply unless any provision in the act is inconsistent with the provision of the civil procedure code making the applicability of the latter unworkable and that the power of restoration .....
Tag this Judgment!Court : Orissa
Reported in : (1975)ILLJ100Ori
..... made in respect of the rourkela steel plant of the hindustan steel, limited in the year 1963, and have been duly published. standing order 28 thereof deals with acts of misconduct. without prejudice to the general meaning of the term 'misconduct' it enumerates 27 acts and omissions which would be treated as misconduct. standing order 29 enumerates ..... a collateral proceeding.12. the standing orders are the conditions of service prescribed for the employees of the hindustan steel limited and they are binding on the employer and the employees. the hindustan steel limited which is a corporation is not a department of government nor are its' servants, holders of civil posts under the ..... made therein for every matter set out in the schedule, and they are found to be otherwise in conformity with the provisions of the act. by an amendment by act 36 of 1956, the legislature has imposed on the certifying officer and the appellate authority the duty to adjudicate upon the fairness or reasonableness of .....
Tag this Judgment!Court : Orissa
Reported in : 108(2009)CLT519
..... amount to clear prejudice to the respondent. air 1946 nagpur 135 (birdhichand and anr. v. mt. kachri bai also fortified this aspect.37. as per section 58 of the limitation act of 1963, the suit should have been filed witton 3 years from the date when the right to sue accrued. there can be no right to sue until there is assertion in ..... , the trial court has recasted the following issues.(a) is the suit maintainable?(b) is there'any cause of action to bring the suit?(c) is the suit barred by limitation?(d) did the plaintiffs father acquired occupancy right over the suit land being a tenant under the ex-proprietor?(e) are the plaintiffs & their father was in continuous possession of ..... was pending to raise it by way of amendment of memorandum of appeal. this was also fortified in air 1932 lahore 444 (uttam singh v. mt.datar kaur and ors..36. in : air 1954 himachal pradesh 52 (giridhari lal v. spedding dinga singh & co. it was held that under order 41 rule 2 cpc raising of point not set forth in .....
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