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Judgment Search Results Home  Phrase:limitation act 1963  Court:supreme

Aug 01 2008

T. Kaliamurthi and Anr. Vs. Five Gori Thaikal Wakf and Ors.

  • Decided on : 01-Aug-2008

Court : Supreme Court of India

Reported in : AIR2009SC840; 2008(5)ALLMR(SC)462; (SCSuppl)2009(1)CHN25; JT2008(9)SC115; 2009(1)MhLj43; (2008)7MLJ534(SC); 2008(11)SCALE52; (2008)9SCC306

... Act. Articles 94 and 96 of the Limitation Act, 1963 correspond to Articles 134A and 134B of the Limitation Act, 1908, while Articles 64 and 65 of the Limitation Act, 1963 correspond to Articles 142 and 144 of the Limitation Act, 1908. The corresponding old law was Section 66G of the Wakf Act, 1954 inserted by the Amendment Act 69 of 1984.22. Section 107 lays down that nothing contained in the Limitation Act, 1963 ... Limitation Act, 1908 inserted by Act I of 1929 and the residuary Articles 142 and 144 of the said Act. Articles 94 and 96 of the Limitation Act, 1963 correspond to Articles 134A and 134B of the Limitation Act, 1908, while Articles 64 and 65 of the Limitation Act, 1963 correspond to Articles 142 and 144 of the Limitation Act, 1908. The corresponding old law was Section 66G of the Wakf Act ... Act I of 1929 and the residuary Articles 142 and 144 of the said Act. Articles 94 and 96 of the Limitation Act, 1963 correspond to Articles 134A and 134B of the Limitation Act, 1908, while Articles 64 and 65 of the Limitation Act, 1963 correspond to Articles 142 and 144 of the Limitation Act, 1908. The corresponding old law was Section 66G of the Wakf Act, 1954 inserted by the Amendment Act ...

Oct 29 1976

The Kerala State Electricity Board, Trivandrum Vs. T.P. Kunhaliumma

  • Decided on : 29-Oct-1976

Court : Supreme Court of India

Reported in : AIR1977SC282; 1976(0)KLT810(SC); (1976)4SCC634; [1977]1SCR996; 1977(9)LC16(SC)

... Limitation Act 1963 compared with Article 181 of the 1908 Limitation Act shows that applications contemplated under Article 137 are not applications confined to the CPC. In the 1908 Limitation Act there was no division between applications in specified cases and other application as in the 1963 Limitation Act. ... Act 1948 and second the applications to the Labour Court were time barred Under Article 137 of the Limitation Act, 1963. This Court held as follows : The alteration in the 1963 Limitation Act in Article 137, namely, the inclusion of the words 'other proceedings' in the long title to the 1963 Limitation Act ... Limitation Act 1963 is as follows :-Description of Period of Time from which pe-application limitation riod begins to runAny other application for When the right to apply which no period 3 yearsof limitation is providedelsewhere in this accrues. Division.7. The view of the Kerala High Court is that Article 137 of the Limitation Act 1963 has the same meaning as Article 181 of the Indian Limitation Act ...

Apr 03 2008

Consolidated Engg. Enterprises Vs. Principal Secy. Irrigation Deptt. a ...

  • Decided on : 03-Apr-2008

Court : Supreme Court of India

Reported in : 2008(6)ALLMR(SC)423; 2008(2)ARBLR139(SC); 2008(3)AWC2908(SC); 2008(5)CTC741; JT2008(6)SC22; (2008)5MLJ431(SC); 2008(6)SCALE748; (2008)7SCC169; 2008AIRSCW4182; 2008(4)AIRKarR428

... Limitation Act is inapplicable to court proceedings under AC Act, there will be no limitation for filing appeals under Section 37. If Limitation Act is applicable, the period of Limitation for appeals filed under Section 37 of AC Act will be governed by Article 116 of the Schedule to the Limitation Act. 4.2 Section 43 of the AC Act, relates to limitation and it is extracted below: 43. Limitation. - (1) The Limitation Act, 1963 ... Act, there will be no limitation for filing appeals under Section 37. If Limitation Act is applicable, the period of Limitation for appeals filed under Section 37 of AC Act will be governed by Article 116 of the Schedule to the Limitation Act. 4.2 Section 43 of the AC Act, relates to limitation and it is extracted below: 43. Limitation. - (1) The Limitation Act, 1963 (36 of 1963 ... Limitation for appeals filed under Section 37 of AC Act will be governed by Article 116 of the Schedule to the Limitation Act. 4.2 Section 43 of the AC Act, relates to limitation and it is extracted below: 43. Limitation. - (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 ...

Mar 06 1979

Justiniano Augusto De Piedade Barreto Vs. Antonio Vicente Da Fonseca a ...

  • Decided on : 06-Mar-1979

Court : Supreme Court of India

Reported in : AIR1979SC984; (1979)3SCC47; [1979]3SCR494

... limitation were saved by Section 29(2) of the Limitation Act, 1963. The relevant provisions of the Portuguese Civil Code having been expressly saved, no question of any repugnancy between those provisions and those of the Limitation Act arose. It was also urged that Parliament which made express provision in Section 30 for suits for which the Limitation Act 1963, prescribed shorter periods of limitation than the Indian Limitation Act ... Limitation Act 1963, prescribed shorter periods of limitation than the Indian Limitation Act, 1908, would surely not have allowed the drastic inroads into the law of Limitation of suits prevailing in Goa, Daman and Diu without introducing a provision similar to Section 30. It was further urged that the Limitation Act, 1963, was not retrospective so as to curtail periods of limitation ... Limitation Act 1963 are read together, it becomes clear that the only law of Limitation that is repealed is the Limitation Act, 1908, and all other laws dealing with limitation, special or local are saved and are to be read into the Limitation Act, 1963.14. We, therefore, arrive at the conclusion that the body of provisions in the Portuguese Civil Code dealing with the subject of Limitation ...

Oct 14 2004

Fairgrowth Investments Ltd. Vs. The Custodian

  • Decided on : 14-Oct-2004

Court : Supreme Court of India

Reported in : 2005(5)ALLMR(SC)708; [2004]122CompCas683(SC); (2004)4CompLJ233(SC); JT2004(9)SC124; 2004(8)SCALE817; (2004)11SCC472; [2004]56SCL507(SC); 2005(1)LC251(SC)

... Limitation Act, 1963 whereby, according to him, the provisions of inter alia Section 5 of the Limitation Act would be applicable to petitions under Section 4(2) of the Act The contention is that Section 29(2) of the Limitation Act, 1963 would be automatically applicable to all Special Acts such as the Act in question, since the Act provides for a period of limitation different from the period prescribed under the Limitation Act, 1963 ... Limitation Act would be applicable to petitions under Section 4(2) of the Act The contention is that Section 29(2) of the Limitation Act, 1963 would be automatically applicable to all Special Acts such as the Act in question, since the Act provides for a period of limitation different from the period prescribed under the Limitation Act, 1963 and since the provisions of Limitation Act ... Limitation Act, 1963, provided it applies to the Act. Section 29(2) of the Limitation Act, 1963 provides for the application of the provisions of Section 4 to Section 24 of the 1963 Act including Section 5, to any special or local law which prescribes a period of limitation in respect of any suit, appeal or application different from the period prescribed under the Limitation Act ...

Jul 05 2006

State of Goa Vs. Western Builders

  • Decided on : 05-Jul-2006

Court : Supreme Court of India

Reported in : AIR2006SC2525; 2006(3)ARBLR1(SC); 2006(4)AWC3346(SC); 2006(6)BomCR119; [2006(3)JCR257(SC)]; JT2006(6)SC125; 2006(6)MhLj737; (2006)3MLJ97(SC); 2007MPLJ7(SC); 2006(6)SCALE574

... view of Section 43 of 1996 Act Limitation Act 1963 is applicable to the Act of 1996. Learned Counsel for appellant submitted that in the Arbitration and Conciliation Act, 1996 there is no provision which prohibit the applicability of the Limitation Act 1963 therefore wherever it is not prohibited by Act, 1996 the provisions of Limitation Act, 1963 may be made applicable mutatus ... Limitation Act applies to the arbitral provisions because of Section 43 of the Arbitration and Conciliation Act, 1996. Section 43 reads as under:43.Limitation.- (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) ... Limitation Act has been excluded by this special enactment i.e. Arbitration and Conciliation Act, 1996. Section 43 of the Arbitration and Conciliation Act, 1996 clearly says that The Limitation Act, 1963 shall apply to arbitration as it applies to the proceedings in court. Therefore, general proposition is by virtue of Section 43 of the Act of 1996 The Limitation Act 1963 applies to the Act ... Act, 1996. Section 43 of the Arbitration and Conciliation Act, 1996 clearly says that The Limitation Act, 1963 shall apply to arbitration as it applies to the proceedings in court. Therefore, general proposition is by virtue of Section 43 of the Act of 1996 The Limitation Act 1963 applies to the Act of 1996 but by virtue of Sub-section (2) of Section 29 of the Limitation Act ...

Mar 26 2001

Syndicate Bank Vs. Mr. Prabha D. Naik and Anr. etc.

  • Decided on : 26-Mar-2001

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

... 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 1 specifically provides that the Act ... Act of 1908 provided a sea change from the earlier legislation of 1859 and again the law pertaining to limitation finds place in the statute book by way of the Limitation Act, 1963. 6. Incidentally, it may be noted that though the old Hindu Law recognised both Prescription and Limitation but Muslim Jurisprudence recognised neither of them. The new law of limitation in terms of Limitation Act of 1963 ... of the Limitation Act, 1963. 6. Incidentally, it may be noted that though the old Hindu Law recognised both Prescription and Limitation but Muslim Jurisprudence recognised neither of them. The new law of limitation in terms of Limitation Act of 1963 however, does not make any retail or class distinction since both Hindu and Muslim Law are amenable to the law of limitation as ... subject of limitation of suits etc. and in force in the Union Territory of Goa, Daman and Diu only, is the local law within the meaning of Section 29(2) of the Limitation Act, 1963. This Court further held that these provisions of the Portuguese Civil Code have to be read in the Limitation Act, 1963 as if the schedule to the Limitation Act ...

Aug 14 2002

Temjenkaba and Ors. Vs. Temjenwati and Ors.

  • Decided on : 14-Aug-2002

Court : Supreme Court of India

Reported in : (2003)1CALLT31(SC); JT2002(8)SC45; (2002)10SCC597

... Limitation Act, 1963, section 30 of the Limitation Act, 1963 has no application and the appropriate period of limitation would be 12 years for bringing action in civil court, this argument also has no merit. It is not disputed that the Indian Limitation Act, 1908 was not applicable in the state of Nagaland which was repealed by the Limitation Act, 1963. Section 30 of the Limitation Act, 1963 ... Limitation Act, 1963. Section 30 of the Limitation Act, 1963 runs as under:'30. Provision for suits, etc. for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act. 1908 - Notwithstanding anything contained in this Act (a) any suit for which the period of limitation is shorter than the period of limitation prescribed by the Indian Limitation Act ... Limitation Act, 1908 was not applicable in the state of Nagaland which was repealed by the Limitation Act, 1963. Section 30 of the Limitation Act, 1963 runs as under:'30. Provision for suits, etc. for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act. 1908 - Notwithstanding anything contained in this Act (a) any suit for which the period of limitation is shorter than the period of limitation ...

Mar 27 2009

Krishna Kumar Sharma Vs. Rajesh Kumar Sharma

  • Decided on : 27-Mar-2009

Court : Supreme Court of India

Reported in : AIR2009SC3247; 2009(4)ALT13; 2009(3)AWC2237(SC); JT2009(4)SC533; 2009(2)KLT149(SC); 2009(5)SCALE286; (2009)11SCC537:2009AIRSCW3275

... of words in Article 137 of the Limitation Act, 1963 compared with Article 181 of the 1908 Limitation Act shows that applications contemplated under Article 137 are not applications confined to the Code of Civil Procedure. In the 1908 Limitation Act there was no division between applications in specified cases and other applications as in the 1963 Limitation Act. The words 'any other application' under Article ... Act').The basic question before the High Court was whether Article 137 of the Indian Limitation Act, 1963 (in short the `Limitation Act') applies to the facts of the present case. The High Court relied upon the judgments of Delhi High Court in S.S. Lal v. Vishnu Mitter Govil : 112(2004)DLT877 and in Kanwal Malhotra v. State : AIR2006Delhi71 to hold that Limitation Act ... siblings of the appellant contested the petition moved by the appellant under Section 276 of the Indian Succession Act, 1925 (in short the `Act').The basic question before the High Court was whether Article 137 of the Indian Limitation Act, 1963 (in short the `Limitation Act') applies to the facts of the present case. The High Court relied upon the judgments of Delhi ... of an 'application' under Article 137 of the Limitation Act, 1963.8. Though the nature of the petition has been rightly described by the High Court, it was not correct in observing that the application for grant of probate or letters of Administration is not covered by Article 137 of the Limitation Act. Same is not correct in view of what ...

Apr 03 2008

Kunvarjeet Singh Khandpur Vs. Kirandeep Kaur and Ors.

  • Decided on : 03-Apr-2008

Court : Supreme Court of India

Reported in : AIR2008SC2058; 2008(2)AWC2024(SC); (SCSuppl)2008(2)CHN197; 2008(2)CTC850; 2008(2)KLT296(SC); (2008)4MLJ239(SC); 2008(6)SCALE112; (2008)8SCC463; 2008AIRSCW2726; 2008(8)SCC463; 2008(3)ICC263

... of words in Article 137 of the Limitation Act, 1963 compared with Article 181 of the 1908 Limitation Act shows that applications contemplated under Article 137 are not applications confined to the Code of Civil Procedure. In the 1908 Limitation Act there was no division between applications in specified cases and other applications as in the 1963 Limitation Act. The words 'any other application' under Article ... Appellant's stand was that Article 137 of the Limitation Act, 1963 (in short 'Limitation Act') had application. It was submitted that Article 137 of the Limitation Act has clear application and the application for grant of letters of Administration was filed beyond the speculated time. 6. The High Court observed that Article 137 of the Limitation Act does not apply to proceedings or grant of ... of an 'application' under Article 137 of the Limitation Act, 1963. 15. Though the nature of the petition has been rightly described by the High Court, it was not correct in observing that the application for grant of probate or letters of Administration is not covered by Article 137 of the Limitation Act. Same is not correct in view of what ... the Limitation Act and secondly even if it is applicable whether the petition was within time.11. In The Kerala State Electricity Board, Trivandrum v. T.P. Kunhaliumma : [1977]1SCR996 it was inter alia observed as follows:18. The alteration of the division as well as the change in the collocation of words in Article 137 of the Limitation Act, 1963 ...

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