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

Jun 04 1952

U. Kino Kharbangar Vs. U. Kyron and Ors.

  • Decided on : 04-Jun-1952

Court : Guwahati

... condone the delay in the presentation of the appeal and it is doubtful whether Section 5, Indian Limitation Act at all applies to such proceedings as provided under the rules of the Khasi States (Administration of Justice) Order, 1950. In my opinion, it does not. We are governed by Rule 26 of the Khasi States (Administration of justice) Order, 1950 which says that an ... in so far as provided by these rules, the Indian Limitation Act, 1908 (Act 9 of 1908) shall not apply to suits in which either or both parties are Khasis, Lushais or members of the backward tribes enumerated in the Thirteenth Schedule to the Government of India (Provincial Legislative Assemblies) Order, 1936. Rule 36 makes no mention of the proceedings that are maintainable in ... in the Thirteenth Schedule to the Government of India (Provincial Legislative Assemblies) Order, 1936. Rule 36 makes no mention of the proceedings that are maintainable in the High Court and I must accordingly hold that the appeal not being presented within the time prescribed by Rule 26, it must be construed to be presented out of time and as such non-entertainable ...

Mar 12 1998

M/s. Reshma Constructions Vs. State of Goa

  • Decided on : 12-Mar-1998

Court : Mumbai

Reported in : 1998(3)BomCR837; 1999(1)MhLj462

... had already filed objections under the provisions of the old Act. Moreover, the said application, if filled now, would be certainly barred by law of limitation in terms of the provisions contained in section 34(3) of the new Act, but for the benefit being extended to the respondent in terms of section 14 of the Limitation Act, 1963. Undisputedly, the respondents had been prosecuting the matter ... the entire proceedings before the trial Court on the ground that in view of section 85 of the new Act, read with Clause 25 of the said agreement between the parties, the provisions of the new Act are applicable to the proceedings and, therefore, in terms of section 26 of the new Act, the award of the arbitrator is itself enforceable as if it is a ... arbitration, then the provisions of such new statute would apply to the proceedings between the parties. Since the new Act came into force during the pendency of the proceedings between the parties and considering the fact that in terms of section 36 of the new Act, an award of an arbitrator becomes enforceable as a decree of the Civil Court, there is no scope ... of limitation in terms of the provisions contained in section 34(3) of the new Act, but for the benefit being extended to the respondent in terms of section 14 of the Limitation Act, 1963. Undisputedly, the respondents had been prosecuting the matter with due diligence in the Civil Court under the bona fide belief that the proceedings were governed by the provisions of the old Act ...

Mar 01 2006

Haward and Others (Respondents) Vs. Fawcetts (a firm) (Appellants) and ...

  • Decided on : 01-Mar-2006

Court : House of Lords

... the Limitation Act, 1939, and section 26 of that Act appears to me to make it impossible to reach the result which I have indicated." Cartledge v Jopling was a personal injury case and all their Lordships advocated amendment of the 1939 Act to cover the case of undetectable physical injury that only becomes apparent years later. 34. Parliament was swift to respond and the Limitation Act ... (1)). There is no reference in section 14 to knowledge of "material facts" as such. The facts of which knowledge is required are spelled out more precisely. 36. But neither section 1(3) and 7(3) of the 1963 Act nor their replacement in the 1975 Act (which became part of sections 11 and 14 of the 1980 Act) dealt with damage to property or ... section 26 of that Act appears to me to make it impossible to reach the result which I have indicated." Cartledge v Jopling was a personal injury case and all their Lordships advocated amendment of the 1939 Act to cover the case of undetectable physical injury that only becomes apparent years later. 34. Parliament was swift to respond and the Limitation Act 1963 was enacted. Section ... extended time limit provided by section 14A of the Limitation Act 1980. The question is whether, in relation to the 1994 and 1995 investments, their action is saved by section 14A. A limitation defence 32. It seems to me desirable, before attempting to apply section 14A to the facts of this case, to review the nature of a limitation defence and the intended purpose of section 14A. ...

Apr 18 1899

Bindu Bashini Chowdhurani and Ors. Vs. Janhavi Chowdhurani

  • Decided on : 18-Apr-1899

Court : Kolkata

Reported in : (1899)ILR26Cal593

... facts it is contended here, as it was in the Court below, that the claim, in so far as it is based on Section 26 of the Limitation Act, must fail. Section 26 enacts that the twenty years' period of enjoyment which must be proved before the plaintiffs can succeed 'shall be taken to be ... had always used for that purpose. They claimed a right of way both by grant as an easement of necessity and as acquired under Section 26 of the Limitation Act. We are only concerned with the last mentioned claim, which is the one found to be established. The others have not been considered. ... Subordinate Judge has in this case affirmed the decision of the Munsif, and held that the plaintiffs have, under the provisions of the 26th section of the Limitation Act, acquired a right of way over the land of the defendant. The plaintiffs claimed to be the owners of a plot of land ... Section 26 enacts that the twenty years' period of enjoyment which must be proved before the plaintiffs can succeed 'shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested.' The suit referred to must be this suit, as the suit under the Specific Relief Act ... dispossessed the plaintiffs of the plot which forms the dominant tenement. The plaintiffs got a decree for the possession of it under Section 9 of the Specific Relief Act (I of 1877), and in execution of the decree were restored to possession on the 19th of June 1895. Two days ...

Dec 13 1972

Suraj Mal and Anr. Vs. Manohar Lal

  • Decided on : 13-Dec-1972

Court : Delhi

Reported in : ILR1973Delhi1016

... under the Act but not by a fresh determination by the Consolidation Officer under section 26. Similarly, the powers of Chief Commissioner under Section 42 are limited and are governed by other provisions of the Act. The Chief Commissioner cannot by invoking Section 42 pass orders which no other authority under the Act could pass ... Act provided the order under Section. 36 is passed during the consolidation proceeding. The orders of the authorities under the Act including the order of the Chief Commissioner have to be passed to further the scheme and the repartition proposals and cannot be passed to order possession to be given to anyone who is not covered by Section 26(1) of the Consolidation Act for Section 26 ... Section 36 or Section 42 of the Act provided the order under Section. 36 is passed during the consolidation proceeding. The orders of the authorities under the Act including the order of the Chief Commissioner have to be passed to further the scheme and the repartition proposals and cannot be passed to order possession to be given to anyone who is not covered by Section 26 ... Section 36 or Section 42 of the Act in proceedings that may be pending prior to the persons entitled to possession entering into possession or being held entitled to possession as provided in sub-sections (1) and (2) respectively of Section 23. (19) In view of the discussion, hereinabove it is obvious that no independent right accrues to tenants or other persons under Section 26 of the Consolidation Act ...

Apr 18 2003

RCI Power Limited Vs. Union of India (UOI) and Ors.

  • Decided on : 18-Apr-2003

Court : Andhra Pradesh

Reported in : AIR2004AP60; 2003(3)ALD762

... Commission as contemplated above, consequently publication of the regulations in the Official Gazette does not arise.365. Though Section 57A of the Supply Act was repealed under Section 56(3) of the Act, by virtue of the proviso to Section 26(2) of the Act, Section 57 of the Supply Act with its Schedule (i.e.,) Sixth Schedule prescribing the financial principles and their applications for fixing the ... Pradesh Limited as a State Transmission Utility for the purpose of the above Act in G.O. Ms. No. 13, Energy (Power III), dated 30.1.1999.Electricity (Supply) Act, 1948:72. Like wise, Section 41 of the Supply Act, 1948 that was in existence till then was substituted by a new section by the same amending Act (i.e.,) Act 22 of 1998. The newly introduced Section ... and other laws of the land. They must be 'reasonably related to the purposes of the enabling legislation'. See Leila Mourning v. Family Publications Service (1973) 411 US 356, 36 Law Ed.2d 318. If they are manifestly unjust or oppressive or outrageous or directed to an unauthorised end or do not tend in some degree to the accomplishment ... be framed by the Commission under Section 54(j) & (k) of Section 54 of the Act. Hence, to our mind collection of charges for transmitting the electrical energy produced by the Generating Company to its consumers, by the licensee do not fall under Section 26 of the Act. Section 22(1)(a) and (b) of the Electricity Regulatory Commission Act (Central Act) makes a clear distinction between ...

Apr 30 2010

Akshat Commercial Pvt. Ltd. and Anr. Vs. Kalpana Chakraborty and Ors.

  • Decided on : 30-Apr-2010

Court : Kolkata

... the said Act can be allowed by exercising power under Section 5 of the Limitation Act.8. In order to appreciate the aforesaid question, it will be profitable to refer to the Sections 17, 35, 36 and 37 of the SARFAESI Act and Section 24 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and also Section 29 of the Limitation Act, 1963 which ... Delhi 193 held that Section 5 of the Limitation Act was also applicable to such proceedings under Section 20 of the Arbitration Act.26. By taking a clue from the said decision, the learned Single Judge was of the opinion that a proceedings under Section 20 of the Arbitration Act is also an original proceeding and if Section 5 of the Limitation Act applies to such original ... Act, 1993. Limitation.--The provisions of the Limitation Act, 1963 (36 of 1963), shall, as far as may be, apply to an application made to a Tribunal.Limitation Act, 1963. Savings.--(1) Nothing in this Act shall affect Section 25 of the Indian Contract Act, 1872 (9 of 1872).(2) Where any special or local law prescribes for any suit, appeal or application a period of limitation ... Act, 1993 (51 of 1993) or any other law for the time being in force.Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Limitation.--The provisions of the Limitation Act, 1963 (36 of 1963), shall, as far as may be, apply to an application made to a Tribunal.Limitation Act, 1963. Savings.--(1) Nothing in this Act shall affect Section 25 of the Indian Contract Act ...

Jan 18 1973

Sirsi Municipality by its President Sirsi Vs. Cecelia Kom Francis Tell ...

  • Decided on : 18-Jan-1973

Court : Supreme Court of India

Reported in : AIR1973SC855; [1973(26)FLR150]; (1973)ILLJ226SC; (1973)1SCC409; [1973]3SCR348; 1973(1)SLJ525(SC)

... brought, the defence and the reasons for the order.36. This suggestion was based on the provisions of Section 26, Sub-section (8) of the Bombay District Municipal Act 1901 (hereinafter referred to as 'the Act') which has really nothing to do with any general power to disperse with the application of any rule. All that Section 26, Sub-section (8), empowers the Council to do is to take ... All E.R. 1278 and McClelland v. Northern Ireland General Health Services Board (1957) 1 W.L.R. 594.29. These decisions indicate that statutory provisions may limit the power of dismissal. Where such limitation is disregarded a dismissal may be held invalid. In this respect employment under statutory bodies differs from ordinary private employment. Where a public body is empowered ... to pass the resolution dismissing the respondent depended more on compliance with Rule 143 made under Section 46 of the Act than on Section 26(8) of the Act. Compliance with such a rule could not be dispensed with by the Council or its presiding authority under Section 26(8) of the Act.38. The mode and conditions of appointment, punishment, and dismissal of officers and servants ... such business, or to any particular proposition shall put the proposal to the meeting and be guided by the majority of votes given for or against the proposal. 37. Section 26, Sub-Section (8), seems initially to have been relied upon only to meet the argument that the impugned resolution could not be passed in the absence of a previous notice of ...

May 04 2009

Shri Gaurav Uday Nagarsekar Vs. State of Goa through its Chief Secreta ...

  • Decided on : 04-May-2009

Court : Mumbai

Reported in : 2009(4)BomCR117; 2009(111)BomLR2323

... wherein Hon'ble Apex Court has considered power of UGC to frame Regulations under Section 26 of UGC Act. Perusal of Section 26 of UGC Act shows that it is worded on same lines as that of Section 20(ii)(g) of Dentist Act.23. State of Maharashtra v. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and Ors. (supra), ... VII to the Constitution that there is a concurrent power of Parliament as well as the State Legislatures and appropriate Act can be made by the State Legislature subject to limitations and restrictions under the Constitution.24. Thus, having observed that when there is concurrent power with Parliament as also ... of India, if any, in this respect is not determinative and this Court therefor has to attempt to find out what is the legal position.36. The provisions of Dental Council of India Regulation, 2007, clearly show that admission has to be on the basis of individual cumulative performance. The ... of Bharati Vidyapeeth and Ors. v. State of Maharashtra and anr. (supra), is upon Section 26(1)(a) of UGC Act. WE have already pointed out that said Section is identical with Section 20(2) of the Dentist Act, 1948. The Regulations of Medical Council of India considered by Hon'ble Apex Court in ... under Entry 66 of List I. In this background, in Paragraph 18, Hon'ble Apex Court has observed as under:18. Under Section 3 of the Act, deemed university status will be given to those institutions that for historical reasons or for any other circumstances are not universities and yet ...

Mar 05 1986

Commissioner of Sales Tax, Maharashtra State, Bombay Vs. Sunderdas Har ...

  • Decided on : 05-Mar-1986

Court : Mumbai

Reported in : [1987]65STC450(Bom)

... foisted on Valibai under sub-section (1) of section 18 although she might be liable for the tax payable on sales and purchases after that date under any other provisions of the said Acts or Ordinances. The same is the position under sub-section (1) of section 26 of the Bombay Sales Tax Act, 1953. In view of this ... Act or to the scheme of that Act. We may only point out that, whatever may be the position under the Mysore Sales Tax Act, under the scheme of the Bombay Sales Tax Act 1959, the liability to pay tax arises as soon as the turnover of the sales or purchases made by the dealer exceeds the prescribed limit ... the entire business or that the ownership of the business was entirely transferred. In the case of Commissioner of Sales Tax v. K. Tajkhanji & Co. [1975] 36 STC 130 (Bom) what was kept back by the assignor was the right to perform the outstanding contracts which was an essential part of the running ... the meaning of section 26(1) of the Bombay Sales Tax Act, 1953. We are afraid that this decision is of no assistance to the assessee in the present case. In fact it has been held in that decision that, in order to attract the liability under section 26(1) of the Bombay Sales Tax Act, 1953, ... , on the facts and in the circumstances of the case and on a true and proper interpretation of section 18(1) of the Bombay Sales Tax Act, 1946 and section 26(1) of the Bombay Sales Tax Act, 1953, the Tribunal was correct in law in holding that the transferee was not liable for the assessed ...

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