Skip to content

Filter by :

Search Results Judgments > Phrase:Limitation Act, 1963 Court:Supreme

Apr 24 1973

Kesavananda Bharati Sripadagalvaru and Ors.Vs. State of Kerala and Anr ...

  • Decided on : 24-Apr-1973

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

... said Act was subsequently amanded by Kerala-Land Reforms (Amendment) Act, 1969 (Act 35 of 1969). The petitioner filed the present writ petition on March 21, 1970 challenging the Constitutional Validity of the Kerala Land Reforms Act,. 1963 (Act 1 of 1964) as amended by the Kerala Land Reforms (Amendment) Act, 1969 (Act 35 of 1969). The aforesaid Act was ... Act, that it could limit the powers of the future Dominion Parliaments.181. No similar provisions exists in any of the Independence Acts in respect of other countries, enacted by the British Parliament, e.g., Ceylon Independence Act, 1947, Ghana Independence Act, 1957, Federation of Malaya Independence Act, 1957, Nigeria Independence Act, 1960, Sierra Leone Independence Act, 1961, Tanganyika Independence Act, 1961, Southern Rhodesia Act, 1965, Jamaica Independence Act ... Act, 1963 (Act 1 of 1964) as originally enacted was inserted as item No. 39 in the Ninth Schedule to the Constitution. The said Act was subsequently amanded by Kerala-Land Reforms (Amendment) Act, 1969 (Act 35 of 1969). The petitioner filed the present writ petition on March 21, 1970 challenging the Constitutional Validity of the Kerala Land Reforms Act,. 1963 (Act ... 26, 14, 19(1)(f) and 31 of the Constitution. He prayed that the provisions of the Kerala Land Reforms Act, 1963 (Act 1 of 1964) as amended by the Kerala Land Reforms (Amendment) Act 1969 (Act 35 of 1969) be declared unConstitutional, ultra vires and void. He further prayed for an appropriate writ or order ...

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 ...

May 23 1951

In Re: The Delhi Laws Act, 1912, the Ajmer-Merwara (Extension of Laws) ...

  • Decided on : 23-May-1951

Court : Supreme Court of India

Reported in : [1951]2SCR747

... British Judges, trained in the tradition of parliamentary omnipotence, have evolved the doctrine that every legislature created by an Act of Parliament, though bound to act within the limits of the subject and area marked out for it, is, while acting within such limits, as supreme and sovereign as Parliament itself. Such legislatures are in no sense delegates of the Imperial Parliament ... the Imperial Parliament. They rejected this view. They observed : 'The Indian Legislature has powers expressly limited by the Act of the Imperial Parliament which created it, and it can, of course, do nothing beyond the limits which circumscribe these powers. But, when acting within those limits, it is not in any sense an agent or delegate of the Imperial Parliament, but ... Lord Selborne, in delivering the judgment, observed as follows :- 'The Indian Legislature has powers expressly limited by the Act of the Imperial Parliament which created it, and it can, of course, do nothing beyond the limits which circumscribe these powers. But when acting within the limits. It is not in any sense an agent or delegate of the Imperial Parliament, but ... and indeed of the nature and principles of legislation. The Indian Legislature has powers expressly limited by the Act of the Imperial Parliament which created it, and it can, of course, do nothing beyond the limits which circumscribe these powers. But, when acting within those limits, it is not in any sense an agent or delegate of the Imperial Parliament, but ...

Dec 20 1963

Vidyacharan Shukla Vs. Khubchand Baghel and Ors.

  • Decided on : 20-Dec-1963

Court : Supreme Court of India

Reported in : AIR1964SC1099; [1964]6SCR129

... a difference of opinion in the High Courts regarding the applicability of s. 12 of the Limitation Act to such appeals. The delay was of a few days. The Election Tribunal passed the order on January 5, 1963 and the appeal was filed on February 11, 1963. 55. A party can reasonably desire to obtain a copy of the judgment for deciding, ... Schedule of the Limitation Act prescribes no limitation for an appeal not covered by arts. 150 to 157 thereof, under the Limitation Act such a suit or appeal can be filed irrespective of any time limit. 37. With this background let us revert to the construction of s. 29(2) of the Limitation Act. When the First Schedule of the Limitation Act prescribes no time limit for a particular ... to the Limitation Act. It may be different in the sense that it departs from the period of limitation fixed for various appeals under the Limitation Act. If the first Schedule to the Limitation Act omits laying down any period of limitation for a particular appeal and the special law provides a period of limitation, then to that extent the special law is different from the Limitation Act. We ... alters a period of limitation fixed by the first Schedule to the Limitation Act. It may be different in the sense that it departs from the period of limitation fixed for various appeals under the Limitation Act. If the first Schedule to the Limitation Act omits laying down any period of limitation for a particular appeal and the special law provides a period of limitation, then to that ...

Jan 30 1976

Buckley v. Valeo

  • Decided on : 30-Jan-1976

Court : US Supreme Court

... 1963). In sum, although the Act's contribution and expenditure limitations both implicate fundamental First Amendment interests, its expenditure ceilings impose significantly more severe restrictions on protected freedoms of political expression and association than do its limitations on financial contributions. B. Contribution Limitations 1. The $1,000 Limitation on Contributions by Individuals and Groups to Candidates and Authorized Campaign Committees Section 608(b) provides, with certain limited ... limitations on contributions and expenditures, the disclosure requirements impose no ceiling on campaign-related activities. But we have repeatedly found that compelled disclosure, in itself, can seriously infringe on privacy of association and belief guaranteed by the First Amendment. E.g., Gibson v. Florida Legislative Comm., 372 U. S. 539 (1963); NAACP v. Button, 371 U. S. 415 (1963 ... limitations imposed by the Act. 591(f)(4)(H), 608(c)(1)(C), (D). The 1972 senatorial figures showed that 18 of 66 major party candidates exceeded the Act's limitations. This figure may substantially underestimate the number of candidates who exceeded the limits provided in the Act, since the Act ... exceeded the Act's limitations. This figure may substantially underestimate the number of candidates who exceeded the limits provided in the Act, since the Act imposes separate ceilings for the primary election, the general election, and fund-raising, and does not permit the limits to be aggregated. ...

Mar 09 2004

Gopal Sardar Vs. Karuna Sardar

  • Decided on : 09-Mar-2004

Court : Supreme Court of India

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

... 5 of the Limitation Act on a construction of Section 29(2)(b) of the old Limitation Act of 1908 could be applied under the corresponding provisions of the Limitation Act, 1963. The decision of that case turned upon the facts of that case in criminal appeals by comparison of the provision of the old Limitation Act to the provision of the new Limitation Act. The ... Act, this Court held that appellate authority was not a persona designata but it was functioning as a court. Further, 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 ... Act contained a provision expressly stating that the provisions of Section 5 of the Indian Limitation Act, 1908 would apply to all proceedings under the Act. According to the Supreme Court, this was necessary because Section 29(2) of the Indian Limitation Act, 1908 did not include Section 5 as one of the provisions to be applied to special or local laws. In the Limitation act, 1963 ... Limitation Act, 1963. The decision of that case turned upon the facts of that case in criminal appeals by comparison of the provision of the old Limitation Act to the provision of the new Limitation Act. The Division Bench of the Calcutta High Court in Serish Maji (supra), referring to the observation made in Mangu Ram (supra) that 'mere provision of a period of limitation ...

Jun 26 2006

Randall v. Sorrell

  • Decided on : 26-Jun-2006

Court : US Supreme Court

... limit. 2809(b), (d). Act 64 also imposes strict contribution limits. The amount any single individual can contribute to the campaign of a candidate for state office during a two-year general election cycle is limited as follows: governor, lieutenant governor, and other statewide offices, $400; state senator, $300; and state representative, $200. 2805(a). Unlike its expenditure limits, Act 64s contribution limits ... general election cycle is limited as follows: governor, lieutenant governor, and other statewide offices, $400; state senator, $300; and state representative, $200. 2805(a). Unlike its expenditure limits, Act 64s contribution limits are not indexed for inflation. A political committee is subject to these same limits. Ibid. So is a political party ... limit campaign contributions, Act 64s contribution limits are so severe that in the circumstances its particular limits violate the First Amendment. A As with the Acts expenditure limits, we begin with Buckley. In that case, the Court upheld the $1,000 contribution limit before it. Buckley recognized that contribution limits, like expenditure limits, ... Act 64s contribution limits are substantially lower than both the limits we have previously upheld and comparable limits in other States. These are danger signs that Act 64s contribution limits may fall outside tolerable First Amendment limits. We consequently must examine the record independently and carefully to determine whether Act 64s contribution limits ...

Feb 19 2014

Central Bank of Nigeria Vs. Williams

  • Decided on : 19-Feb-2014

Court : UK Supreme Court

... the rather complicated interaction between the successive statutes of limitation and the equitable rules regarding the limitation of actions against trustees. Two categories of constructive trust 7. The combined effect of the definition sections of the Limitation Act 1980 and the Trustee Act 1925 is that in section 21 of the Limitation Act a trustee includes a "constructive trustee". Unfortunately, this ... Act. Against this background came the Law Revision Committee's Fifth Interim Report (Cmd 5334), dated December 1936, which led in due course to s.19 of the Limitation Act 1939, and its consolidating successor, section 21 of the Limitation Act 1980. The Report described section 8 of the Trustee Act 1888, noted that it had been considered satisfactory and so left unaffected when the Trustee Act ... . Professor Waters stated (with hindsight over-optimistically) that "with the Limitation Act 1939 it ['the limitation controversy'] passed, probably, for ever", the generally accepted view being that "the false and limited trilogy of trusts in Soar v Ashwell had been "swept away" (p 411) and that "the Limitation Act was intended to bury this issue" (p 1020, as cited by Millett ... by other considerations. As far as trustees were concerned the Act repealed the Trustee Act 1888 and replaced section 8 of that Act by section 19 of the new Act. Section 19(1) and (2) were in substantially the same terms as section 21(1) and (3) of the Limitation Act 1980, which I have set out above. They employed ...

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 ...

May 23 2012

Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

  • Decided on : 23-May-2012

Court : UK Supreme Court

... the expansion. The leading case of Cartledge v E Jopling and Sons Ltd [1963] AC 758 (in which this point was not even faintly argued) would be seen to have missed the point. The limits (and indeed the rationale) of sections 11 and 14A of the Limitation Act 1980 would have to be revisited. Further complications would be introduced into claims for ... of mistake or on some other ground (such as unlawful demand or ultra vires act)". 179. Section 32(1) of the Limitation Act 1980 substantially re-enacts section 26 of the Limitation Act 1939, with one minor change to paragraph (b) (from concealment "by fraud" to "deliberate" concealment). The Act of 1939 was a notable monument of law reform, replacing an incoherent series of ... c) of the Limitation Act 1939 unwittingly covered at least part of the ground which Parliament later covered by providing an extended limitation period for actions for damages for negligence or in respect of personal injuries and certain categories of property damage: see sections 11 to 14B of the Limitation Act 1980. Mr Rabinowitz disclaimed any suggestion that the extended limitation period would apply ... to the Revenue to rely on section 320 of the Finance Act 2004 ("Section 320 FA 2004") or section 107 of the Finance Act 2007 ("Section 107 FA 2007") to exclude DMG mistake claims, as these provisions purported to curtail the extended limitation period under section 32(1)(c) of the Limitation Act 1980 without notice and without providing any transitional arrangements ...

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //