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Judgment Search Results Home  Phrase:limitation act 1963  Court:karnataka  Page:10

Feb 16 2004

The Assistant Executive Engineer Vs. Ashok Shivappa Kapali

  • Decided on : 16-Feb-2004

Court : Karnataka

Reported in : ILR2004KAR4091; 2004(7)KarLJ36

... limitation prescribed for reference under Section 10(1)(C) of the Industrial Disputes Act, 1947.(2) The provisions of Article 137 of the Schedule to the Indian Limitation Act, 1963 is not applicable to the proceedings under the Act.(3) The relief under the I.D. Act, cannot be denied to the workman merely on the ground of delay.(4) Though no period of limitation ... Limitation Act which provides three years as the period for filing any application is applicable to a proceedings under the Industrial Disputes Act. Answering the said question, the Supreme Court held as under :-'10. ..... the provisions of Article 137 of the Schedule to the Limitation Act, 1963 are not applicable to the proceedings under the Act ... limitation first and the relevant discussion we find in paragraph 6 of the award. The Labour Court referred to a judgment of the Supreme Court reported in 1999 LAB 1C 1435 where it was held that Article 137 of the Limitation Act, 1963 is not applicable to the proceedings under the Industrial Disputes Act. Further it was held that the relief under the Act ... held that Article 137 of the Limitation Act is not applicable to a claim under the Industrial Disputes Act but it also held that the ... LIMITED AND ANOTHER, : (1999)ILLJ1260SC on which the reliance was placed by the Labour Court where the question involved was whether Article 137 of the Limitation Act which provides three years as the period for filing any application is applicable to a proceedings under the Industrial Disputes Act ...

Sep 28 1995

The State of Karnataka Vs. Vimalchand and Ors.

  • Decided on : 28-Sep-1995

Court : Karnataka

Reported in : ILR1996KAR1840; 1996(41)KarLJ264

... from them. The suit, in my opinion, being the suit for declaration is covered by Article 58 of the Limitation Act, 1963 which provides as under:-Article 58 of the Limitation Act. To obtain any other declaration. Three years, when the right to sue first accrues.It means a suit for ... from the decision of their Lordships of the Privy Council in the case of MUDANNA VIRAYYA v. MUDANNA ADENNA, 'It is true that the Limitation Act was mentioned in Adenna's written statement and in his grounds of appeal, but, before the trial Judge no issue was directed to bear ... of duties or the discharge of the functions imposed by or under the Act ACT'. Section 33 of the Karnataka Sales Tax Act, for short 'Act' reads as under:- Section 34 of the Act reads as under : Section 34. Limitation for certain suits and prosecutions ;-No suit shall be instituted against the State ... of any act done by them under the Act or purported to have been done by any of them under the Act. If the Act was done in good faith in execution of the duties or discharge of functions imposed by or under the Act. Section 34 provides for limitation of certain ... Act, for short 'Act' reads as under:- Section 34 of the Act reads as under : Section 34. Limitation for certain suits and prosecutions ;-No suit shall be instituted against the State Government and no suit, prosecution or other proceeding shall be instituted against any officer or servant of the State Government in respect of any act done or purporting to be done under this Act ...

Nov 19 2004

D. Narayanappa Vs. The State of Karnataka, by its Secretary, Housing a ...

  • Decided on : 19-Nov-2004

Court : Karnataka

Reported in : ILR2005KAR295

... period. Section 27 of Limitation Act, 1963 provides that at the determination of the period limited under that Act, to any person for instituting a suit for possession of any property, his right to such property shall be extinguished. Article 65 provides the period of limitation for a suit for ... eye-opener to the officers of the BDA to understand better their powers and duties under the BDA Act and the allied Rules, know their responsibilities and limitations, discharge their duties and functions properly in the manner stipulated and avoid wastage of public money, which has ... view of the provisions of Section 38 of the B.D.A. Act read with Rule 3 of the Bangalore Development Authority (Allotment of Sites) Rules, 1984, there are no restrictions, conditions or limitations for the BDA to sell the properties acquired by it and ... Act, to any person for instituting a suit for possession of any property, his right to such property shall be extinguished. Article 65 provides the period of limitation for a suit for possession of immovable property based on title as twelve years from the date when the possession of the defendant becomes adverse to the plaintiff. Article 112 provides the period of limitation ... 3430/80 for declaration that the notice seeking possession issued by the BDA against the petitioner is illegal void and barred by limitation with a consequential relief of injunction restraining the BDA from interfering peaceful possession and enjoyment of the property of the petitioner. ...

Dec 18 2004

B. Manjunatha Prabhu and Ors. Vs. C.G. Srinivas and Ors.

  • Decided on : 18-Dec-2004

Court : Karnataka

Reported in : AIR2005Kant136; ILR2005KAR467; 2005(4)KarLJ85

... the meaning of an 'application' under Article 137 of the Limitation Act, 1963.18. There is another angle to view the matter from, and that is since the right to apply is a recurring one, considering the nature of the proceedings, it will be inappropriate to fall back upon Article 137 of the Limitation Act, 1963. It will be sufficient if we make a reference, ... that Article 137 of the Limitation Act would not apply to the proceedings filed for grant of probate or Letters of Administration with or without the Will annexed. Before concluding, we must point out that though the proceedings filed for grant of probate or Letters of Administration may not come within the mischief of Article 137 of the Limitation Act, 1963, yet the delay ... is barred by limitation under Article 137 of the Limitation Act? No doubt, Sri Holla has strongly urged that the proceedings initiated for grant of probate is barred by limitation as according to him the provisions contained under Article 137 of the Limitation Act has to be made applicable in the absence of any other provisions in the Limitation Act prescribing the period of limitation seeking issue ... plaintiff is estopped from contending that the Will Exhibit D1 is not a genuine and valid Will?3. Whether the petition filed seeking probate is barred by limitation under Article 137 of the Limitation Act?4. Whether the petition filed seeking issue of probate by the plaintiff is not maintainable? And if it is held that the petition is not maintainable, ...

Mar 26 2013

Chikkabasavaraju Vs. The State of Karnataka, Rep. by The Secretary to ...

  • Decided on : 26-Mar-2013

Court : Karnataka

... there is complete exclusion of Sec.5 of the Limitation Act, 1963. (c) In COMMISSIONER OF CUSTOMS and CENTRAL EXCISE VS. HONGO INDIA (P) LTD. and ANOTHER([2009] 24 VST 298 [SC]), regard being had to Sec.35G and 35H of the Central Excise Act, 1944, providing for the filing of an appeal ... the proviso therein to the Central Excise Act, 1944, prescribing a period of 60 days in preferring an appeal and a further period of 30 days subject to satisfactory explanation to condone the delay, observed that there is complete exclusion of Sec.5 of the Limitation Act, 1963. (c) In COMMISSIONER OF CUSTOMS and ... 5 of the Limitation Act, 1963. In addition it was observed that the High Courts in India have inherent and plenary powers and as courts of record have unlimited jurisdiction including the jurisdiction to determine their own powers, does not mean that inspite of specific statutory provisions under the Central Excise Act, 1944, ... to entertain the appeal by condoning the delay only upto 180 days. Therefore there is complete exclusion of the application of Sec.5 of the Limitation Act, 1963. 7. The view taken supra is supported by the following reported opinions: (a) In THE COMMISSIONER OF SALES TAX, UTTAR PRADESH, LUCKNOW VS. M/S. ... dare. The High Court therefore was in error in importing whole hog the principle of Section 14(2) of the Limitation Act into S.10 (3-B) of the U.P. Sales-Tax Act. x x x x x ". (b) In SINGH ENTERPRISES VS. COMMISSIONER OF CENTRAL EXCISE, JAMSHEDPUR and OTHERS (2008 [3] ...

Aug 29 2012

T. Younis Vs. National Highways Authority of India, Project Implementa ...

  • Decided on : 29-Aug-2012

Court : Karnataka - Dharwad

... Act. Section 43 of the Arbitration Act states that the Limitation Act, 1963 ('the Limitation Act') shall apply to arbitrations as it applies to proceedings in Court. In effect, the Limitation Act will apply to a proceeding under Section 3G(5) of the Highways Act. In my opinion, as no specific period of limitation is provided for filing an application under Section 3G(5) of the Highways Act, Article 137 of the Limitation Act ... Act states that subject to the provisions of the Highways Act, the provisions of the Arbitration and Conciliation Act, 1996 ('the Arbitration Act') shall apply to every arbitration under the Highways Act. Section 43 of the Arbitration Act states that the Limitation Act, 1963 ('the Limitation Act') shall apply to arbitrations as it applies to proceedings in Court. In effect, the Limitation Act ... Act, the provisions of the Arbitration and Conciliation Act, 1996 ('the Arbitration Act') shall apply to every arbitration under the Highways Act. Section 43 of the Arbitration Act states that the Limitation Act, 1963 ('the Limitation Act') shall apply to arbitrations as it applies to proceedings in Court. In effect, the Limitation Act will apply to a proceeding under Section 3G(5) of the Highways Act ...

Jan 31 2005

R.N. Shetty and Anr. Vs. Karnataka Industrial Investment and Developme ...

  • Decided on : 31-Jan-2005

Court : Karnataka

Reported in : [2005]126CompCas145(Kar)

... application under Section 31 of the Act, the District Judge exercised his jurisdiction vested in a civil court and therefore, the application filed before the District Judge under the provisions of the Act, namely, Sections 31 and 32 did fail within the purview of the provisions of the Limitation Act and hence, Article 137 of the Limitation Act, 1963, would be applicable to such application. ... Smt. Jaya Menon [2004] ILR Karnataka 2735 ; [2005] 124 Comp Cas 289 [FB], the claim made by the petitioner/the respondent-corporation herein is barred by limitation as per Article 137 of the Limitation Act, 1963,(ii) Whether the petitioner/the respondent-corporation herein prove that it is entitled for issue of certificate for the recovery of the amount as sought for ... further contention urged by learned counsel for the appellant that the proceedings initiated by the petitioner-corporation were barred by limitation as Article 137 of the Limitation Act is applicable to the claim made under Section 31 of the State Financial Corporations Act, 1951 and the right to sue having accrued as back as on January 14, 1987, when the first ... conclusively held by referring to the decisions of the apex court that Article 137 of the Limitation Act applies to an application made under Section 31 of the State Financial Corporations Act. Considering the provisions of Sections 31 and 32 of the State Financial Corporations Act, and the nature of the duty exercised by the District Judge under these provisions, it ...

Aug 03 2005

D. Rangappa Vs. G. Mudlappa and Ors.

  • Decided on : 03-Aug-2005

Court : Karnataka

Reported in : II(2006)BC238; ILR2005KAR4759

... Limitation Act, 1963, specifically provides that where the suit is by a purchaser at a sale in execution of a decree when the judgment-debtor was out of possession at the date of the sale, the purchaser shall be deemed to be a representative of the judgment-debtor who was out of possession and the period of limitation prescribed under Article 65 of the Limitation Act ... failed to avail the remedy under Article 134 of the Limitation Act of 1963 read with Order 21 Rule 95 CPC., and on account of that it is a bar to invoke the right to institute suit under Article 65 of the Limitation Act for possession on title and whether the findings ... out of possession and the period of limitation prescribed under Article 65 of the Limitation Act is 12 years and time from which period beings to run is specified as when the possession of the defendant becomes adverse to the plaintiff. Article 134 of the Limitation Act only deals with the application ... contemplates that the auction purchaser can also file a suit for possession on the basis of title under Article 65 of the Limitation Act and the period of limitation is 12 years when the possession of the defendant becomes adverse to the plaintiff.8. On the other hand, the learned Counsel ... to pursue both the remedy under Order 21 Rule 95 CPC., and by filing a suit for possession under Article 65(c) of the Limitation Act. The contention of the learned Counsel for the Appellant that ingredients of Order 21 Rule 95 CPC., were not satisfied in the present ...

Jan 09 2008

The Managing Director, Krishna Bhagya Jala Nigam Limited represented b ...

  • Decided on : 09-Jan-2008

Court : Karnataka

Reported in : [2008(118)FLR669]; ILR2008KAR1597; 2008(4)KarLJ26; (2009)ILLJ568Kant; 2008(6)KLJ451; 2008(1)KCCRSN51; 2008(2)AIRKarR481; 2008LabIC(NOC)560(Kar); 2008-III-LLJ-433

... ...the purport and object of enacting the Industrial Disputes Act only with a view to find out as to whether the provisions of Article 137 of the Schedule appended to the limitation Act, 1963 are applicable or not Although the court cannot import a period of limitation when the statute does not prescribe the same, as ... would be fatal to the Management or the Corporation to defend and lead relevant evidence by taking appropriate defence in the matter. Though there is no limitation prescribed for reference of the dispute, but it does not mean that the reference can be made at any unreasonable period. While considering the references ... by the view of the Apex Court in a judgment reported in (2007) 1 SCC (L & S) 679 in the matter of Krishna Bhagya Jal Nigam Limited v. Mohd. Rafi.11. In the absence of any material showing that the workman has worked for 240 days in a year and in the ... the order passed by the Division Bench of this Court.9. There is no limitation prescribed to the Government to make a reference of dispute to the Labour Court. However, the Apex Court taking into consideration that, no limitation is prescribed has held that the reference has to be made within reasonable time, ... period except leading oral evidence. The petitioner has specifically stated that, it is not in a position to produce any record except NMRs of December 1963 and June 1984. In such circumstances, just because the workman has raised the dispute after 16 years, it cannot be said that the petitioner is ...

Oct 11 1974

K. Chandrashekara Naik and Anr. Vs. Narayana and Anr.

  • Decided on : 11-Oct-1974

Court : Karnataka

Reported in : AIR1975Kant18; 1974(2)KarLJ433

... -objections and that thereby the period of limitation prescribed in Section 110-D of the Act, for preferring appeals, would be enlarged.22. Such a consequence is nothing peculiar to cross-objections filed in appeals under Section 110-D of the Act. The Second Division of the First Schedule to the Limitation Act, 1963, prescribes several periods of limitation for various categories of appeals under ... Claims Tribunals, the applications for compensation and the period of limitation for presenting such applications, as also for condonation of delay in presentation of such applications, for the powers and procedure to be followed by the Tribunals and provision for appeals against the awards of the Claims Tribunals. As the Act, makes provision for constitution of Special Tribunals ousting the ... the Act.21. Mr. Krishna Bhat contended that if it is held that cross-objections are maintainable in appeals to the High Court under Section 110-D of the Act, the respondent who has not himself preferred an appeal within the period prescribed in that Section, will have further time to prefer cross-objections and that thereby the period of limitation ... an award of a claims Tribunal.9. In exercise of the powers conferred by Section 111-A and other enabling Sections of the Act, the Government or Karnataka has framed Rules called the Karnataka Motor Vehicles Rules, 1963. The title of Chapter VII of those Rules in the Motor Accidents Claims Tribunal Rules.10. Rule 363 prescribes that every appeal ...

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