Court : Allahabad
Reported in : 2008(2)AWC1987
..... applies to the miscellaneous applications moved during pendency of the claim petition.11. section 5(1)(b) of the u.p. public services (tribunal) act, 1976 reads as follows:5(1)(b). the provisions of the limitation act, 1963 (act 36 of 1963) shall mutatis mutandis apply to reference under section 4 as if a reference were a suit filed in civil court so, however, that--(i ..... ) notwithstanding the period of limitation prescribed in the schedule to the said. act, the period of limitation for such reference shall be one year;(ii) in computing the .....
Tag this Judgment!Court : Allahabad
Reported in : (1902)ILR24All368
..... to determine^ therefore, is whether the claim was within time.2. the court below has held the suit to be governed by article 36 of the second schedule of the indian limitation act, and not to be barred by limitation. that is a general article applying to all cases of torts which are not specially provided for in the other articles in the schedule ..... case is not one of libel or slander. and we are of opinion that the article governing it is either article no. 24 or no. 25. the date from which limitation began to run was the date on which the alleged libel was published or the slanderous words, which in this case were in themselves actionable, were spoken, that is, the ..... to whom the report was made held, it is true, an inquiry as to the truth of the complaint, but that did not alter the nature of the defendant's act which has given the plaintiff his cause of action. the investigation by the police was a matter which might be taken into consideration as aggravating damages. the defendant did not .....
Tag this Judgment!Court : Allahabad
Reported in : (1907)ILR29All615
..... the suit was instituted after one year even from the date of the release of the property, it is unnecessary to consider whether section 23 of the limitation act applied and whether this was a case of a continuing wrong. had i to decide that question. i should have considerable difficulty in holding that it was ..... banerji, j.1. the only question in this appeal is whether the claim of the plaintiff respondent is barred by the law of limitation and what is the article of the second schedule to the limitation act which governs the case. the suit was one for compensation and was brought under the following circumstances. deokinandan, defendant, brought a suit ..... contended on behalf of ram narain that the suit was barred by limitation under article 29. the court of first instance held that the article applicable was article 36; that the wrong done to the plaintiff was a continuing wrong within the meaning of section 23 of the limitation act, and that the claim was within time. that court decreed .....
Tag this Judgment!Court : Allahabad
Reported in : (1907)ILR29All685
..... cases.'49. mr. justice fulton, while admitting that is was undoubtedly a serious measure to limit the meaning of words in such a carefully drawn act as the indian penal code, and one which no court would attempt unless it were practically certain that the matter to be eliminated was ..... before a court of justice. it is admitted that the words are wide enough to include such evidence, and i do not think that judicial interpretations can properly limit their scope either in view of general considerations about the policy of protecting witnesses from being harassed or of the absence of any prosecutions being hitherto instituted in such ..... . in sealy v. ram narain bose (1865) 4 w.r., cr. r., 22 glover, j., refused to extend the provisions of section 27 of act no. xviii of 1862 to mofussil courts.36. the authorities relied upon for the opposite view are:37. baboo gunnesh dutt singh v. mugneeram chowdhry (1872) 11 b.l.r., 321.38. manjaya v .....
Tag this Judgment!Court : Allahabad
Reported in : (1907)ILR29All749
..... in my opinion extended by him too far. he says: 'in my opinion an appeal cannot be said to be presented within the meaning of section 4 of the indian limitation act, 1877, when the only presentation of the appeal is the tendering to the court of a document, which the legislature has specifically enacted shall not be regarded by a court ..... next contention is that the court can under section 10 stay the suit only for such period, if any, as may remain unspent of the period prescribed by the limitation act of 1877 as the period within which the particular suit can be brought.25. this contention is not based upon any words or expressions contained in chapter iii of ..... useful in putting still further beyond doubt the validity of a plaint stamped either under section 10 or section 28 of the act.36. it opens with the very positive words: 'no document which ought to bear a stamp under this act shall be of any validity, unless and until it is properly stamped.'37. but those words can only refer to .....
Tag this Judgment!Court : Allahabad
Reported in : (1907)ILR29All773
..... defence. the lower court decreed the claim in full, holding that the moneys paid by niadar singh to paras das were deposited within the meaning of article 60 of the limitation act, and that the plaintiff having demanded payment on the 7th of september 1904, and her suit having been instituted on the 10th of january 1905, her claim was amply ..... , whose defence was, inter alia, that the money was paid as a loan and not as a deposit, and that the claim is, therefore, barred by article 59 of the limitation act of 1877. badri das, defendant no. 2, merely stated 'that the debt, if recoverable at all, was recoverable from the defendant no. 1, as under a partition made between ..... 36 l.j. ch., 151 in re tidd (1893) 3 ch., 154; and see also bridgman v. gill (1857) 24 beav., 302.12. but in the case before us we have to consider whether the indian legislature, having, as we must presume they had, the above rulings present to their minds, in enacting article 60 of the second schedule of the limitation act .....
Tag this Judgment!Court : Allahabad
Reported in : (1908)ILR30All225
..... bar this suit.6. the learned district judge in support of the conclusion to which he came relies on article 105 of the second schedule of the limitation act, which prescribes a period of limitation for a suit by a mortgagor after the mortgage has been satisfied to recover surplus collections received by the mortgagee, and gives as the time from which ..... a suit for surplus profits brought after a suit for redemption.12. it is contended on behalf of the respondent that article 105 of the indian limitation act (no. xv of 1877) provides three years' limitation for the recovery of surplus collections received by the mortgagee from the date when the mortgagor re-enters on the mortgaged property, and that this ..... (1907) i.l.r. 31 bom. 527, satyabadi behara v. harabati (1907) i.l.r. 34 calc. 223 and kashi v. bajrang prasad (1907) i.l.r. 30 all. 36 are also in favour of the appellant, and we have not been referred to any case in which a suit like the present has been held to be maintainable, in .....
Tag this Judgment!Court : Allahabad
Reported in : (1908)ILR30All315
..... . the court below decreed the plaintiff's claim. of the grounds of appeal only two were pressed before us, one being that the suit was barred by limitation and the other that without the production of a succession certificate the court below was not justified in passing a decree.2. as regards the question of ..... limitation the allegation of the defendant is that qadri begam died on the 16th of september 1902, whereas the plaintiff says that she died on the 19th of that ..... the production of (i) probate or letters of administration * * *(ii) a certificate granted under section 36 or section 37 of the administrator-general's act, 1874 * * * or(iii) a certificate granted under this act and having the debt specified therein, or *(iv) a certificate granted under act xxvii of 1800 * * * or(v) a certificate granted under the regulation of the bombay code .....
Tag this Judgment!Court : Allahabad
Reported in : (1908)ILR30All462
..... on the land, and it is alleged that the house is of considerable value. the present suit was brought by the plaintiff on the last day of the expiry of limitation calculated from the date of the lunatic's death. the court below has found that the sale was effected by the mother and wife of the lunatic as his de ..... . it is true that under the muhammadan law a mother is not the legal guardian of the property of her minor son, but it has been held that when she, acting as de facto guardian, deals with the property, the. transaction, if it is for the benefit of the minor, ought to stand. we may refer to the rulings of the ..... calcutta high court in majazzal hosain v. basid sheikh (1906) i.l.r. 34 calc. 36 and ram charan sanyal v. anukul chandra acharjya (1906) i.l.r. 34 calc. 65 and to the ruling of this court in majidan v. ram narain (1903) i.l .....
Tag this Judgment!Court : Allahabad
Reported in : (1909)ILR31All59; 1Ind.Cas.143a
..... has been said that a single judge of this court has also no power to admit a revision from an order passed by a district judge under section 36 of the legal practitioners act. the application for revision is not, therefore, properly before this bench and the learned counsel for the applicant, on his own showing, has no locus standi to be ..... the full bench decisions in tej ram v. harsukh 1 a. 101 and muhammad suleman khan v. fatima 9 a. 104 its powers of interference under that section are very limited.8. the learned counsel took objections to the competence of this bench to hear this case. he contended in the first place with reference to rule 20 of the rules ..... case had no power to issue it.12. as stated above the right of this court to interfere under section 15 with the proceedings of a subordinate court is strictly limited. it cannot interfere to correct an error of fact or even an error of law. see the cases cited above. all it can do is to direct a court to .....
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