Court : Andhra Pradesh
Reported in : AIR1968AP239
..... before the legislature as contemplated by that section. these are the various relevant provisions in the different chapters of the act.42. then there are schedules. schedule i relates to ad valorem fees. article 1 (c) thereof takes in all memoranda of appeals presented to any court whether from decrees or ..... valuation and not otherwise provided fot, and therefore, governed appeals against orders rejecting plaints, not relating to difference of court-fee. article 3 of schedule ii of the act does not contain the words 'where it is not possible to estimate at a money value the subject-matter in dispute' ..... make a reference to the relevant provisions of the central court fees act with the madras amendments, and the andhra pradesh court-fees act.60. schedule ii, article 11 of the court-fees act. 1870 (hereinafter called 'the central act') as amended in madras in 1922 contained provisions which governed ..... words, the court-fees act may give a different meaning to these expressions, but that should be apparent from the context.25. now article 3 schedule 2 says, 'memorandum of appeal from an order inclusive of an order determining any question under section 47 or 144 of the code of civil procedure ..... be paid thereon.19. the main contention of mr. seetha-ramarao is that this case falls squarely within the provisions of article 3 of schedule ii to the act. that provision reads thus:article particulars proper fee8 memorandum of appeal from an order inclusive of anorder determining any question under .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(3)ALT713
..... treated and deait with as 'joint properties of the plaintiff's father ramayya and his two brothers. plaintiff's paternal grand mother yarlagadda manikyamba never enjoyed either the plaint schedule properties or some other properties as properties belonging to herself alone, nor did the plaintiff's father and his two brothers ever enjoyed any properties as bequeathed to them by ..... and his two brothers, sarvarayudu and sri krishna venugopala ankineedu constituted a joint hindu family, till they divided by executing a partition deed dt.9.7.1937. the plaint schedule properties do not originally belonged to the plaintiff's paternal grand mother yarlagadda manikyamba. the allegation that she executed a will dated 20.9.1925 and that she bequeathed under ..... . 71 of 1990 on the file of the learned subordinate judge-cum-assistant sessions judge, ramachandrapuram.15. the first respondent-plaintiff filed the suit for partition of the plaint schedule properties into two equal shares, if necessary after setting aside the various alienations that are made by yarlagadda padmarajamma and others from 1.9.1957 and allot one such share ..... was brought on record as her legal representative.5. the learned counsel would maintain that the plaintiff is not entitled to any relief of partition whatsoever in the plaint schedule properties since the rights of late yarlagadda padmarajamma though specified to be that the life interest became absolute by virtue of operation of section 14(1) of hindu succession .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2008AP117; 2008(2)ALD515; 2008(2)ALT556
..... relied upon by the petitioner also support his case that the chargeability of stamp duty cannot be by applying explanation 1 to article 47-a of schedule i-a of the act. though the learned government pleader appearing for the respondents has relied on the judgment in the case of mekapothula linga reddy ..... with the requirements, such as, stamp duty and registration. the amendment brought about through a.p. act 21 of 1995 to article 47a of schedule 1a of the stamp act had narrowed down the distinction between an agreement of sale and a sale deed from the point of view of stamp duty ..... as such, the revisional authority, as a chief controlling authority, has correctly ordered to make a fresh order, applying the provisions under article 47-a of schedule i-a of the act. it is submitted that in view of delivery of possession vide receipt dated 18th of september 2002, there is no illegality ..... way of endorsement on the agreement regarding delivery of possession, the revisional authority has also erred in applying explanation 1 to article 47-a of schedule i-a of the act. it is the contention of the learned counsel that the receipt dated 18th of september 2002 should not have been ..... while generally denying various allegations of the petitioner, it is stated that the case of the petitioner falls within explanation 1 to article 47-a of schedule i-a of the act, because this explanation says that an agreement to sell followed by or evidencing delivery of possession of the property agreed to .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)BomCR540
..... with the view taken therein. the parliament is competent to make laws in relation to any and all subjects contained in list-i of the seventh schedule to the constitution of india. there is no restriction that on the power of the parliament to make laws relating to more than one subjects in ..... that in respect of an application filed under section 34 of the arbitration act, 1996, court fee would be payable as prescribed under article 1 of schedule i to the bombay court fees act.6. learned counsel for the petitioners, however, submitted that the provisions of section 8 of the general clauses ..... under the arbitration and conciliation act, 1996 is not excluded under article 3 of schedule i and for the same reason, the said article which specifically deals with the subject matter of setting aside or modifying any award either at the original ..... act, 1996 replaced the said ordinance and the arbitration act, 1940. yet no amendment has been made since 1996 till this date to article 3 of schedule i of the said act which clearly restricts the exclusion from its applicability the award under the arbitration act, 1940. in other words, the award passed ..... under section 37 of the arbitration act, 1996. the appellant paid the fixed fee of rs. 25/- prescribed under clause (c) of article 13 of schedule ii of the bombay court fees act. an objection was raised on behalf of the respondents that ad-valorem court fee was payable on the amount or .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(1)BomCR828
..... may be mentioned that an administration suit is required to be filed within three years from the accrual of the right to sue under article 113 of part x of schedule-i to the limitation act, 1963. the right to sue accrued to the plaintiffs on the date of the death of the deceased i.e. on 29th june, 1975. the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(3)ALT632
..... it is seen that limitation under section 3 of the limitation act is one of the defences available to the defendant. article 54 of the schedule to the limitation act postulates that for specific performance of a contract the period of limitation is three years from the date fixed for the performance ..... ghosha woman observing parda. the defendant is only the son of rabiya bi and she had all love and affection towards him and the plaint schedule property was the only property she possessed of. under the above circumstances this defendant honestly believes and understands that the agreement of sale referred to ..... damages to plaintiffs in case they succeed in the suit. the defendant is obligated legally to compensate the plaintiff for his failure to retain the schedule land in its state on the date of the agreement. the plaintiffs submit that the damages suffered is to a tune of rs. 80,000 ..... appellants-defendants 1 and 2 were directed to execute the sale deed in favour of the plaintiffs in respect of the plaint schedule property within two months from the said date, failing which the plaintiffs to proceed in accordance with law. however, the suit was dismissed for the ..... view of the fact that the plaintiffs having already deposited the balance of consideration of rs. 40,000/- into court by way of a lodgment schedule and in the light of the findings recorded on issues 1 to 4 and the additional issue, the suit was decreed with costs proportionately, and .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981(8)ELT440(Raj); 1978(11)WLN481
..... writ petitions within reasonable time after the rejection of the revision application by the commissioner (revision application), government of india, new delhi, as the revisional order reproduced in schedule a was passed on november 28, 1969. he further submitted that the petitioner became aware of the mistake when he got knowledge of the public notice dated october 15 ..... 2); (2) the appellate collector of customs, dated april 4, 1968 (ex. 3) and (3) the commissioner (revision applications) government of india, dated november 28, 1969 (reproduced in schedule a) were forwarded for communication to the petitioner at pipalia kalan in rajasthan where the registered office of the petitioner company is located. in these circumstances, part of the cause ..... based on the ground that the petitioners having once opted for reassessment under item 72a, had forfeited the right to claim reassessment under item 72(18) of the first schedule to the indian tariff act. thereupon, the petitioner filed two revision applications under section 131 of the customs act before the joint secretary (revision application), ministry of finance ..... customs, bombay before the joint secretary to the government, ministry of finance, department of revenue, new delhi. by a consolidated order dated november 28, 1969 reproduced in schedule a appended to the writ petition, the government of india rejected the revision application. as the issue involved in the five revision applications preferred by the petitioner was the same .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(2)BomCR329
..... the vendor ratanchand owns and possesses a piece or parcel of land or ground situated at nepean sea road the full description whereof is given in the first schedule which schedule forms a part of ex.b itself. next, comes the mention of property pointed out by red-coloured boundary line in a plan annexed to the document ..... a little below come the conveying recitals where the property being conveyed is described as 'piece or parcel of land or ground' and more particularly described in the second schedule. then comes a reference to portion red-lined in plan a. in the bracketed portion following the same are described as 'which land, hereditaments and premises'. the word ..... of limitation time from whichsuit begins to run period -----------------------------------------------------------------------any suit for which no three years. when the right to sueperiod of limitation is accruses.'provided elsewhere inthis schedule.'-----------------------------------------------------------------------125. the position prior to the coming into force of the 1963 sr act (new act) has some bearing on the words used to draft section 26. ..... ratanchand's annoyance at plaintiff saying, and that too through ratanchandand's gardener, that he would meet ratanchand on 1st august. ratanchand desired particulars about maneckabad before the scheduled meeting. this was to enable ratanchand's architect to have a better perception of the problem before the meeting with plaintiff took place. the second part of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (SCSuppl)2004(2)CHN164; 2004(3)SCALE36; (2004)4SCC252
..... of the limitation act, has held thus:-'17. ..... even assuming that where a period of limitation has not been fixed for election petitions in the schedule to the limitation act which is different from that fixed under section 81 of the act, section 29(2) would be attracted, and what we have ..... of the disability or the death of the person affected thereby, the period of limitation for any suit or application. in article 97 of the schedule appended to the limitation act under the heading suits relating to miscellaneous matters there is reference to enforcement of rights of pre-emption. thus, there ..... of pre-emption and there is no reference to pre-emption suit anywhere else in the schedule: under article 97, the period of limitation prescribed is one year. as per section 29(2) of the limitation act, the period of limitation ..... of the act is a suit; hence section 5 of the limitation act does not apply in making an application under section 8 of the act; schedule to the limitation act contains three divisions, relating to suits, appeals and applications respectively: article 97 of the limitation act relates to enforcement of right ..... court by filing a revision 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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : II(2006)BC538(SC); [2006]131CompCas119(SC); (2006)4CompLJ433(SC); 2006(3)CTC520; JT2006(4)SC241; (2006)3MLJ224(SC); (2006)143PLR638; 2006(4)SCALE43; (2006)4SCC457; [2006]67
..... limitation is provided apply accrues.elsewhere in this division.113 any suit for which no period of 3 years when the right tolimitation is provided elsewhere in sue accrues.this schedule.58 to obtain any other declaration. 3 years when the right tosue first accrues.104 to establish a periodically recurring 3 years when the plaintiffright. is first refused theenjoyment of ..... to apply accrues'. to understand the meaning of the words 'right to apply accrues', we may refer to the wording of article 137 and a few other articles in the schedule to the limitation act:article description of suit period of time from whichno. limitation period begins torun137 any other application for which no 3 years when the right toperiod of ..... limitation act, a suit is instituted when the claimant first sends in his claim to the official liquidator. the period of limitation would be, of course, as prescribed in the schedule for the appropriate suit or proceedings.12. sub-section (1) of section 446 of the act contemplated two categories of applications for leave being filed before the company court. they .....
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