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Search Results Judgments > Phrase:limitation act 36 of Section 26

Jun 30 2014

NISSAN Motors India Pvt.Ltd Vs. Competition Commission of India

  • Decided on : 30-Jun-2014

Court : Chennai

... of the Act, it is clear that the 3rd respondent had no authority/rights under the Act to recommend investigation against all other car manufacturers nor the said unilateral presumption of the 3rd respondent need to be enforced by due process of law under Section 26(1) of the Act.22. It is the further submission of Hyundai Motor that the time limit of ... under Section 26 of the Act, as he had not received any information within the ambit of Section 19, to inquire into any alleged contravention stipulated under Sections 3 and 4 and, as such, the proceeding of the first respondent, dated 26.04.2011, and, the notice, dated 04.05.2011, of the third respondent, issued under Section 36 (2) read with Section 41 (2) of the Act, ... collected during investigation. The inevitable consequence is that the Commission is similarly expected to write appropriate reasons on every issue while passing an order under Sections 26 to 28 of the Act. (x) SRC Projects Private Limited vs. Commissioner of Commercial Taxes, Chennai and another, reported in (2010) 33 VST333(Mad): Since the questions overlap, all of them are discussed together, ... to express prima facie view in terms of Section 26(1) of the Act, without entering into any adjudicatory or determinative process and by recording minimum reasons substantiating the formation of such opinion, while all its other orders and decisions should be well reasoned. ii) State of Orissa and others vs. Mesco Steels Limited and another, reported in (2013) 4 SCC340: 19 ...

Nov 14 2006

Chintala Uday Shankar and Ors. Vs. Subedar Saheb Choultry, Trust Board ...

  • Decided on : 14-Nov-2006

Court : Andhra Pradesh

Reported in : 2007(2)ALD213

... Section 10 of the Trusts Act. Thus, it is stated that Baba Mohiuddin and his brother Maqdoom Mohiuddin always enjoyed the said property as their own but not as trustees.26. It is further stated that the suit filed for cancellation of sale deeds and for mesne profits is barred by limitation as under Article 59 of the Limitation Act ... fake title under four registered sale deeds and the defendants filed eviction cases, which are pending as R.C.Cs. 20 to 36 of 1986 on the file of the Principal District Munsif, Rajahmundry. (c) It is further stated that the Andhra Pradesh Wakf Board ... relief under Section 26 of the Act for grant of exemption as the said Choultry failed to establish that the property is a Wakf property. Thus, it is stated that in view of the concurrent findings recorded by both Rent Controller and Appellate Authority, there is limited scope ... Section 66(g) provides 30 years limitation instead of 12 years provided under Articles 63 and 64 of the Limitation Act. It is stated that the possession of the defendants was to the notice of the plaintiff prior to 1972 itself and the Trust Committee was never constituted, as the Trust Board was never acted ... limitation for any suit for possession of immovable property shall be 30 years and such period shall be taken to run when the possession of the defendant becomes adverse to the plaintiff. It is stated that under Section 66(g) provides 30 years limitation instead of 12 years provided under Articles 63 and 64 of the Limitation Act ...

May 14 1979

Chapman v. Houston Welfare Rights Organization

  • Decided on : 14-May-1979

Court : US Supreme Court

... 17 of the 1870 Act, see 441 U. S. infra. [ Footnote 2/7 ] Section 18 of the 1870 Act also reenacted in full the 1866 Act, incorporating it by reference. [ Footnote 2/8 ] The final version of the Revised Statutes retains the marginal indications of the source of each section, but omits the explanatory notes. The final version contains limited cross-referencing; the Draft ... this requirement. Lynch v. Household Finance Corp., 405 U.S. at 405 U. S. 547 -549. [ Footnote 3/23 ] 24(1), Judiciary Act of 1911, 36 Stat. 1091. [ Footnote 3/24 ] Ibid. [ Footnote 3/25 ] 24(2). [ Footnote 3/26 ] See, e.g., 24(3) (admiralty jurisdiction); 24(16) (jurisdiction over certain suits involving national banks); 24 (22) (jurisdiction over suits ... /7 ] Section 18 of the 1870 Act also reenacted in full the 1866 Act, incorporating it by reference. [ Footnote 2/8 ] The final version of the Revised Statutes retains the marginal indications of the source of each section, but omits the explanatory notes. The final version contains limited cross-referencing; the Draft does not. [ Footnote 2/9 ] The title, chapter, and section numbers used ... Rights Act of 1866 were carried forward in separate sections. Hence, Congress could no longer identify the rights for which removal was available by using the language of the original Civil Rights Act -- 'rights secured to them by the first section of this act.' The new Page 441 U. S. 622 language it chose, however, does not suggest that it intended to limit the ...

Mar 26 2014

Kennedy Vs. The Charity Commission

  • Decided on : 26-Mar-2014

Court : UK Supreme Court

... an independent duty enforceable under HRA section 6. FOIA section 78 in terms provides that nothing in the Act is to be taken as limiting "the powers of a public authority to disclose information held by it". Thus, in the absence of anything in the Charity Commission's own legislation which limits their power to comply with article 10, section 6 requires them to do so ... nor any obligation on the State to impart such information. The four cases were Leander v Sweden (1987) 9 EHRR 433, Gaskin v United Kingdom (1990) 12 EHRR 36, Guerra v Italy (1998) 26 EHRR 357 and Roche v United Kingdom (2006) 42 EHRR 30. In Leander Mr Leander sought information about national security concerns about him which had led to him ... II of the Act. This (by section 8) implicitly limits their power of disclosure in relation to inquiries to the making of reports under that section. He points by analogy to cases such as Hazell v Hammersmith and Fulham London Borough Council [1992] 2 AC 1, where it was held that the incidental powers conferred by section 111 of the Local Government Act 1972 could not ... in the Charity Commission's own legislation which limits their power to comply with article 10, section 6 requires them to do so. They point to the Commission's general functions which include "disseminating information in connection with the performance of any of [their] functions" (1993 Act section 1C); their regulatory activities must be "accountable" and "transparent" (section 1D), and they have a general ...

Oct 26 2006

Mr. Vasudev P. Hanji And Ors. Vs. Ashok Iron Works Private Limited,

  • Decided on : 26-Oct-2006

Court : Company Law Board (CLB)

... to its directors would not constitute an act of oppression. The Kerala High Court held in Palghat Exports Private Limited and P. Ramkumar v. T.V. Chandran and Ors. Judgment date 26.05.1993 of Kerala High Court that under Sections 397 and 398 of the Act (a) no personal grievance of a member himself ... the meeting of the board of directors held on 14.03.2005, the issue of increasing the capacity of plant III from 18000 MTs to 36,000 MTs was considered on the basis of financial and technical viability reports, upon which necessary resolution was unanimously passed and the first petitioner ... Limited and P. Ramkumar v. T.V. Chandran and Ors. Judgment date 26.05.1993 of Kerala High Court that under Sections 397 and 398 of the Act (a) no personal grievance of a member himself is contemplated; (b) if the petition is not bonafide, the court is bound to reject it; (c) if the object of a petition under Section ... would not affect the petitioners' right in the Company. The Company incorporated as a private limited company, became a deemed public company and with deletion of Section 43A of the Act, its status as a private limited company continued. The directors with a view to (a) to weed out all provisions which ... the Company to the partnership firms.Hanuman Prasad Bagri and Ors. v. Bagress Cereals Private Limited and Ors. that Section 3.97(2) of the act provides that an order could be made on an application made under Sub-section (1) if the court is of the opinion - (i) that the company's ...

Jul 25 2008

Shri Manoj Aggarwal, Bemco Vs. Dcit

  • Decided on : 25-Jul-2008

Court : Income Tax Appellate Tribunal (ITAT) - Delhi

... High Court.138. We may also in this connection refer to Section 15(1) of the Limitation Act, 1963 which is reproduced below: 15. Exclusion of time in certain other cases.(1) In computing the period of limitation for any suit or application for the execution of a ... Aggarwal. Bemco replied by letter dated 26.8.2002 stating that the Kucha Manajani office was opened in April 2000 and purchases of Rs. 40.40 lacs were made from Chandni Chowk out of the total purchases of Rs. 36.69 crores, that it had applied ... Section 158BC(b) appears to us to cover such cases, and give enough elbow room for the department where the proceedings relating to the issue of notices etc. before completion of the assessment are made subject to the directions of the Hon'ble High Court.138. We may also in this connection refer to Section 15(1) of the Limitation Act ... ; that there is no limitation for commencement of proceedings under the Act excepting in the provision to Section 143(2), that even in respect of Section 158BC there is limitation provided for conclusion of block assessment but not for commencement and hence the question of limitation does not apply. In ... Act, 1997, is limited to this, that the declared income will not be assessed again as the income of the declarant for any assessment year under the Income-tax Act. Obviously the only provision, which the Assessing Officer can invoke for assessing the amount credited in the books of account, is Section 68 of the Income-tax Act, but by virtue of Section ...

Dec 06 1972

Tidewater Oil Co. v. United States

  • Decided on : 06-Dec-1972

Court : US Supreme Court

... under this section," shall appropriately certify the question involved, the court of appeals has discretionary jurisdiction to hear an interlocutory appeal from that order. Thus, the Expediting Act, by its terms, relates only to appeals from final judgments in a limited category of cases, while 1292(b) applies to appeals from certain interlocutory orders in all civil actions. The Expediting Act does ... States, 370 U. S. 294 , 370 U. S. 364 (1962) (Harlan, J., dissenting in part and concurring in part); 36 Cong.Rec. 1679 (remarks of Sen. Fairbanks); cf. n 7, supra. [ Footnote 14 ] Act of July 2, 1890, c. 647, 26 Stat. 209. [ Footnote 15 ] In saying this, we are not to be understood as necessarily accepting today an important premise ... Section 1292(b), enacted in 1958, provides that, when a district court, "in making in a civil action an order not otherwise appealable under this section," shall appropriately certify the question involved, the court of appeals has discretionary jurisdiction to hear an interlocutory appeal from that order. Thus, the Expediting Act, by its terms, relates only to appeals from final judgments in a limited ... [ Footnote 26 ] Act of June 25, 1948, 62 Stat. 929. [ Footnote 27 ] In 1951, reference to the District Court of Guam was inserted in the section, Act of Oct. 31, 1951, 49, 65 Stat. 726, and reference to the District Court for the Territory of Alaska was removed from the section effective upon the admission of Alaska into the Union in 1959, Act of ...

Jul 24 2008

Bhuvaneshwar Prasad @ Guddu Dixit Vs. State of Madhya Pradesh and Ors. ...

  • Decided on : 24-Jul-2008

Court : Madhya Pradesh

Reported in : 2008(5)MPHT72

... already filed, the Collector could not assume jurisdiction under Section 36(3) of the Act in view of the language employed in Section 36(2) of the Act. It is also submitted that as the election petition was filed beyond limitation the question of limitation assumed importance and therefore in absence of decision on the question of limitation, the Collector could not assume jurisdiction.9. Shri ... by the Election Tribunal because contrary to the findings recorded by the Tribunal, the Collector could not proceed to make an enquiry and re-decide the issue under Section 36(3) of the Act.26. The further questions which have been raised by Shri Arya in view of our findings recorded above are not necessary to be considered but as Shri ... Section 36(2) of the Act. It is also submitted that as the election petition was filed beyond limitation the question of limitation assumed importance and therefore in absence of decision on the question of limitation, the Collector could not assume jurisdiction.9. Shri Jain and Shri Verma, learned Counsel for the respondents on the other hand submitted that the Collector could certainly assume jurisdiction under Section 36 ... filed beyond the period of limitation.30. We will again come back to Section 36(2) of the Act to consider argument of Mr. Arya who on one side submitted that in view of filing of the election petition where a question was raised but not decided, the Collector could not exercise the jurisdiction under Section 36(3) of the Act and on the ...

Jul 28 1999

Kulwant Singh Vs. State of Punjab and Ors.

  • Decided on : 28-Jul-1999

Court : Punjab and Haryana

Reported in : (1999)123PLR241

... cease to be the Director of the Apex Central body, irrespective of the prescribed terms, as provided in Section 26(1)(b) of the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as the Act). This view was reiterated by a Division bench of this Court with approval in the case of Mithu ... 1963.' (x) he......(as peir existing provision) (xi) becomes defaulter in regard to his personal loan or borrows above his maximum credit limit to any society. 36. An elected member of the Board of Directors shaft ceases to hold office if he absents himself from three consecutive meetings of ... Punjab Co-operative Societies Act, the Rules framed there under and the instructions issued by the Registrar in this behalf time to time. 34. A member of the Board of Directors other than the member nominated under Section 26(2) of the Punjab Co-operative Societies Act, 1961, shall cease to hold ... . It is cessation of basic membership which could result in inviting order under Section 26(f) of the Rules in the facts and circumstances of the present case, it appears to us that the authorities have acted on wrong assumption of law, its applicability and obviously with some element of ... Act otherwise provide the loss of the office in the Managing Committee of a Primary Society per se will not become disqualification against the individual in relation to his status in the Managing Committee or a Central or Apex Body. It is cessation of basic membership which could result in inviting order under Section 26 ...

Aug 11 1922

Gopalaswamy Iyengar and Ors. Vs. Nummachi Reddiar and Ors.

  • Decided on : 11-Aug-1922

Court : Chennai

Reported in : AIR1923Mad392; 74Ind.Cas.416

... against defendants Nos. 1 and 13.36. Having held that the cause of action arising out of the sale dated 22nd August 1908 to the plaintiff was barred by limitation as against first defendant, we cannot, in the light of Section 3 of the limitation Act shut our eyes to the fact that ... with clean hands; and the plaintiff cannot be said to have come into Court with clean hands. Rajah of Vizianagaram v. Rajah Setrucherla Somasekhararaz 26 M. 686 (F.B.) is relied upon by the plaintiff for the contention that he had an interest in the property and that the ... limitation Act especially provides for the final decree of the Appellate Court forming a starling point and the decision in Viswanatha Sastri v. Sitalakshmi Ammal 61 Ind. Cas. 979 : 13 L.W. 37 : (1921) M.W.N. 181 dealt with an application for execution. The case in Sarvathama Row v. Chinnasami Pillai 49 Ind. Cas. 729 : 42 M. 507 : 36 ... Act and of the fact that under Sections 2 and 44 of Act II of 1864 statutory charge was created upon every portion of the land in the joint estate. In Narayana Kutti Goundan v. Pechiammal 15 Ind. Cas. 206 : 36 M. 426 : 11 M.L.T. 174 : (1912) M.W.N. 5531 : 22 M.L.J. 364 no question of limitation ... 36 M. 426 : 11 M.L.T. 174 : (1912) M.W.N. 5531 : 22 M.L.J. 364 no question of limitation arose.17. When one person pays off a debt which another is bound to pay the ordinary relief that the Courts can give is a personal decree against the defendant for money had said received as Section 69 of the Contract Act ...

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