Judgment Search Results Home > Cases Phrase: limitation act 1963 36 of 1963 section 5 extension of prescribed period in certain cases Sorted by: old Court: supreme court of india Page 1 of about 612 results (0.818 seconds)

Government Of Maharashtra, (water Resources Department) Vs. M/s Borse ...

Court : Supreme Court of India

..... affect or takeaway any right to appeal to the supreme court. 43. limitations. 21 (1) the limitation act, 1963 (36 of 1963), shall apply to arbitrations as it applies to proceedings in court. (2) for the purposes of this section and the limitation act, 1963 (36 of 1963),an arbitration shall be deemed to have commenced on the date referred to ..... adjudicating authority for corporate persons. (1)-(5) * * * (6) notwithstanding anything contained in the limitation act, 1963 (36 of 1963) or in any other law for the time being in force, in computing the period of limitation specified for any suit or application by or against a corporate debtor for which an order of moratorium has ..... the order of the court shall be excluded in computing the time prescribed by the limitation act, 1963 (36 of 1963),for the commencement of the proceedings (including arbitration) with respect to the dispute so submitted.17. so far as the limitation act is concerned, sections 5 and 29(2) read as follows: 5. extension of .....

Syndicate Bank Vs. Mr. Prabha D. Naik and anr. Etc.

Court : Supreme Court of India

Reported in : AIR2001SC1968; II(2001)BC304(SC); [2001]105CompCas385(SC); JT2001(4)SC133; (2001)2MLJ97(SC); 2001(3)SCALE53; (2001)4SCC713; [2001]2SCR714; 2001(2)LC1031(SC); (2001)2UPLBEC1

..... 1 specifically provides that the act shall be made applicable to the whole of india ..... , be it noted that the limitation bill. 1963 was passed by the parliament and subsequently received the assent of the president on 5th october, 1963 and it came into force on 1st january, 1964 as the limitation act 1963 (act 36 of 1963), sub-section 1 of section 1 provides that the act may be called limitation act, 1963 and sub-section 2 of section ..... other hand, a suit filed on the basis of the cause of action arising outside the portuguese law will be governed by the provisions of the indian limitation act. 1963'. 4. during the course of hearing of these appeals, the reasonings as setforth in cadar construction's case (supra) have been relied upon and it .....

Gopal Sardar Vs. Karuna Sardar

Court : Supreme Court of India

Reported in : (SCSuppl)2004(2)CHN164; 2004(3)SCALE36; (2004)4SCC252

..... shall lie to the district judge if made within sixty days from the date of the order:provided further that the provisions of section 5 of the limitation act, 1963 (act 36 of 1963) shall apply to an appeal under this section. ''14-o. appeal - any person who is aggrieved by any determination made by the prescribed authority ..... petition under section 115 of the code of civil procedure. the high court held that the period under article 137 in the schedule of the limitation act, 1963 (for short 'limitation act') was applicable to the case. in that view, the high court upheld the order passed by the munsif court condoning the delay for making the ..... , this court taking note of section 29(2) as it stood in the limitation act, 1908 and section 29(2) of the limitation act, 1963, expressed the view that by virtue of section 29(2) of the limitation act, 1963, the provisions of section 5 of the limitation act were automatically applicable. a division bench of the calcutta high court in serish maji .....

Pundlik Jalam Patil (D) by Lrs. Vs. Exe. Eng. Jalgaon Medium Project a ...

Court : Supreme Court of India

Reported in : 2008(6)ALLMR(SC)954; 2008(6)ALT38(SC); 2008(4)AWC4015(SC); 2008(6)BomCR513; 2008(5)CTC663; (2009)2MLJ1047(SC); (2009)153PLR128; 2008(13)SCALE773:2008(6)LHSC4324

..... 08.2007 of the high court of bombay, bench at aurangabad allowing the applications filed by the first respondent under section 5 of the limitation act, 1963 (hereinafter referred to as `the said act') to condone the delay of 1724 days in filing appeals against the award passed by the civil judge, senior division, jalgaon in land ..... public interest parameters ought to be kept in mind by the courts while exercising the discretion dealing with the application filed under section 5 of the limitation act. dragging the land loosers to courts of law years after the termination of legal proceedings would not serve any public interest. settled rights cannot be lightly ..... the appellant executed the decree and realised the entire money deposited into the court.7. the high court having considered the applications filed under section 5 of limitation act condoned the inordinate delay of 1724 days in filing the appeals. hence these appeals by special leave.8. shri soli j. sorabjee, learned senior counsel .....

Asset Reconstruction Company (india) Limited Vs. Bishal Jaiswal

Court : Supreme Court of India

..... the ibc, which was enacted by way of the insolvency and bankruptcy code (second amendment) act, 2018 w.e.f. 06.06.2018. section 238a of ibc reads as follows: 238a. limitation. the provisions of the limitation act, 1963 (36 of 1963) shall, as far as may be, apply to the proceedings or appeals before the adjudicating ..... is to be found in the report of the insolvency law committee of march 2018, as follows: 28. application of limitation act, 1963 28.1. the question of applicability of the limitation act, 1963 ( the limitation act ) to the code has been deliberated upon in several judgments of nclt and nclat. the existing jurisprudence on this subject ..... of default, and entries in such balance sheets being acknowledgements of the debt due for the purposes of section 18 of the limitation act, 1963 [ limitation act ]., the section 7 application is not barred by limitation. in an appeal filed to the national company law appellate tribunal [ nclat ]., the corporate debtor relied upon the full .....

The Bharat Bank Ltd., Delhi Vs. the Employees of the Bharat Bank Ltd., ...

Court : Supreme Court of India

Reported in : [1950]SuppSCR317

..... article commences with the words 'notwithstanding anything in this chapter.' these words indicate that the intention of the constitution was to disregard in extraordinary cases the limitations contained in the previous article on this court's power to entertain appeals. these articles dealt with the right of appeal against final decisions of high ..... from the determination of an industrial dispute by the industrial tribunal appointed under ordinance vi of 1949. 21. bharat bank, limited, delhi, the appellant, is a company registered under the indian companies act. its employees made certain demands and as a result of an unfavourable response from the bank it appears that they ..... judicial proceeding subject to confirmation or approval, even where the approval has to be that of the houses of parliament. the authorities are to the contrary.'36. the observations, though they relate to a case which concerns the issue of a writ of prohibition and certiorari have application to the present case. .....

Bhawanipore Banking Corporation, Ltd. Vs. Gouri Shankar Sharma

Court : Supreme Court of India

Reported in : AIR1950SC6; [1950]1SCR25

..... must be held to be time-barred, unless, as has been contended before us, the case falls under either clause 2 or clause 3 of article 182 of the indian limitation act. under these clauses, time to make the application begins to run from - '2. (where there has been an appeal) the date of the final decree or order of ..... the ex parte decree, but this application was rejected on the 7th june, 1941. on the 11th july, 1941, the judgment-debtor filed an application under section 36 of the bengal moneylenders act, for reopening the preliminary decree, but this application was dismissed for default of appearance on the 20th december 1941. thereafter, a final mortgage decree was passed in favour ..... if it is at all possible to call it a review, (which, in our opinion, it is not), of the order dismissing the judgment-debtor's application under section 36 for default. 5. it was also suggested by the learned counsel for the appellant that the case might be held to be covered by clause 2 of article 182 on .....

Abdulla Ahmed Vs. Animendra Kissen Mitter

Court : Supreme Court of India

Reported in : AIR1950SC15; [1950]1SCR30

..... different, but the evidence in the case particularly about the conduct of the parties is materially different. the observations made by the learned judge must be taken to be limited to the facts found by him. the expressions 'find a purchaser', 'procure a purchaser', 'negotiate a sale' standing by themselves may not be sufficient to confer ..... note that this letter of authority will remain in force for a fortnight only to complete the transaction; after that this letter will stand cancelled.' 41. the agent acting on this authority sold the property. on receipt of this letter the vendor informed the agent that he would not sell the land. on the acceptance of the ..... are such as by necessary implication conferred authority on the agent for making a binding contract. 39. the next case is durga charan mitra v. rajendra narain sinha 36 c.l.j. 467, a bench decision of the calcutta high court. the document considered in that case bears considerable resemblance with the document in the present case .....

Commissioner of Income-tax, Bombay Vs. Ahmedbhai Umarbhai and Co., Bom ...

Court : Supreme Court of India

Reported in : AIR1950SC134; (1950)52BOMLR719; [1950]181ITR472(SC); [1950]1SCR335

..... part of the business of the assessee under the proviso. it is the third proviso to which the controversy in the case is limited and this proviso is in these terms :- 'provided further that this act shall not apply to any business the whole of the profits of which accrue or arise in an indian state, and where the ..... view is strengthened by two recent pronouncements of the judicial committee, the earlier of which reported in international harvester company of canada v. provincial tax commission [1949] a.c. 36 discusses the point in great details and was followed in its entirety in the later decision in provincial treasurer of manitoba v. wrigley jr. co. ltd. a.i.r ..... (5) as follows :- ''business' includes any trade, commerce or manufacture or any adventure in the nature of trade, commerce or manufacture or any profession or vocation...' 36. it means any continued activity of a person which yield profits and which is in the nature of trade, commerce or manufacture. it may even be any adventure in .....

Nanalal Zaver and anr. Vs. Bombay Life Assurance Co. Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR1950SC172; (1950)52BOMLR745; [1950]20CompCas179(SC); [1950]1SCR391

..... the supposed inconvenience can be easily avoided by a reference to the shareholders in a general meeting by asking them to increase the share capital beyond the authorised limit to such an amount as would permit proportionate disposal of the further and new shares. in my opinion there is not sufficient force in the contention which should ..... blocks of preference shares to the managing agents or their nominees. to check this mischief section 105-c was introduced in the indian act in 1936. as regards the increase of capital beyond the authorised limit it could only be done by the company. the shareholders could, while sanctioning such increase, protect themselves by giving special directions ..... , and (c) if it was so vitiated, whether the presence of it nullified the goods motive and rendered the issue of the further shares illegal and void. 36. the contention of the plaintiffs before the bhagwati j. as before us, was that the company was not in need of any further capital in february, 1945, .....