Court : Guwahati
..... and gone through the papers. i find no reasons to 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 ..... 34 of the khasi states (administration of justice) order, 1950 provides that except 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 ..... , it does not. we are governed by rule 26 of the khasi states (administration of justice) order, 1950 which says that an appeal shall lie ..... 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 ..... 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 .....Tag this Judgment!
Court : Chennai
Reported in : AIR1970Mad325; (1970)1MLJ460
..... perfectly open to the purchaser to sue for possession of the property within 12 years of suit under article 137 or article 138 of the limitation act.the learned additional city civil judge has not accepted this contention and he points out that articles 137 and 138 deal with suits by a ..... provision or fiction continues till the thing is severed and possession is secured by the purchaser. it follows that the superstructure sold under section 28 of the act is moveable property and the auction purchaser has title to the superstructure not as immoveable property but as moveable property. as the plaintiffs ..... purchaser, the superstructure should be treated as immoveable property. the right to possession clearly arises out ofvesting of the property in execution proceedings.section 28 of the act enacts that, for the purpose of the execution of a decree of the small cause court and for the purpose of deciding all ..... has done to the property whatever the judgment-debtor would have been bound to do to it if he had removed such thing.'section 28 of the act clearly provides that for the purpose of execution under any decree of the small cause court, thesuperstructure of a tenant of immoveablcproperty ..... of this court in sadayammal v. angammal : air1939mad610 though not directly in point, clearly enunciates the scope and ambit of the deeming provision under section 28.in that case a decree-holder in a small cause suit sought to attach the superstructure which the defendant, a tenant, would be entitled .....Tag this Judgment!
Court : US Supreme Court
..... be regarded as an expenditure or considered as a part of the sum fixed as the limit of expense. section 10 of the act (36 stat. 824), renumbered as 11 by the amendment (37 stat. 26), prescribes fine or imprisonment for a willful violation of any of its provisions. the act and amendment were passed before the adoption of the seventeenth amendment, providing for the election ..... people of the entire state: and, provided further, that in any case the candidate for senator receiving the highest number of votes shall be deemed elected." "sec. 3. that section two of this act shall expire by limitation at the end of three years from the date of its approval." approved june 4, 1914. mr. chief justice white, dissenting from the opinion, but ..... amendment might page 256 u. s. 255 be applicable in this controversy, if assisted by appropriate legislation, would be unimportant, since there is none. section 2, act of june 4, 1914, had expired by express limitation many months before newberry became a candidate, and counsel very properly disregarded it. because deemed appropriate in order effectively to regulate the manner of holding general ..... error to the district court of the united states for the western district of michigan syllabus 1. section 8 of the "federal corrupt practices act" (june 25, 1910, c. 392, 36 stat. 822; amended august 19, 1911, c. 33, 37 stat. 25), which undertakes to limit the amount of money which any candidate for the office of representative in congress or of united states .....Tag this Judgment!
Court : Allahabad
Reported in : (1909)ILR31All590
..... the payment. as against this the decision in roshan singh v. mata din (1903) i.l.r. 26 all. 36 has been relied on, and the decree-holders urge that the part payment is a good part payment within the meaning of section 20 of the limitation act of 1877. the part payment made out of the proceeds of the timber was, if a part ..... payment at all, part payment on foot of the principal of the debt, and it is necessary, in order that the provisions of section 20 should apply in favour of the decree ..... court clearly put on proof that the part payment they relied on was a good part payment within the meaning of section 20. furthermore, if the decree-holders relied on part payment as being a part-payment within the meaning of section 20, it lay' on them to show that the part payment was in the hand-writing of the judgment-debtors .....Tag this Judgment!
Court : Rajasthan
Reported in : 1974WLN(UC)236
..... i am clearly of the opinion that the suit was governed by article 2 of the limitation act, 1908 and is barred by time.12. i further find that the suit is barred under section 26 of the act. section 26 provides that no suit shall lie, against the state government or any public servant for anything ..... .8. the suit is governed either by article 2 or article 36 of the limitation act, 1908 and was barred by time.9. the suit was triable by a civil court and it was not barred under section 25 or 26 of the act.the learned additional district judge in the result dismissed the suit. ..... respondent no. 2, dated 2-1-61 and 14-1-61' certain more pleas such as limitation and jurisdiction were also raised. it was also pleaded that the suit was barred under section 26 of the act. on the above pleadings of the parties, the learned additional district judge framed the following issues:1 ..... the learned additional district judge committed gross error in holding the suit to be barred by time. he contends that article 2 or article 36 of the limitation act, 1908 has no applicability to the present case. on the other hand, the learned counsel for the state has supported the judgment of ..... aggrieved by the said judgment and decree the plaintiff has preferred this appeal4. the findings arrived at by the learned additional district judge would reveal that the suit was mainly dismissed on the ground of limitation.5 .....Tag this Judgment!
Court : Allahabad
Reported in : 2Ind.Cas.524
..... , the court could not recognise the payment. as against this the decision in roshan singh v. matadin 26 a. 36 has been relied on, and the decree-holders urge that the part payment is a good part payment within the meaning of section 20 of the limitation act of 1877. the part payment made out of the proceeds of the timber was, if a part ..... payment at all, part payment on foot of the principal of the debt, and it is necessary, in order that the provisions of section 20 should apply in favour of the decree ..... court clearly put on proof that the part payment they relied on was a good part payment within the meaning of section 20. furthermore if the decree-holders relied on part payment as being a part payment within the meaning of section 20, it lay on them to show that the part payment was in the hand-writing of the judgment-debtors .....Tag this Judgment!
Court : Chennai
Reported in : 82CompCas77(Mad)
..... to enforce against the directors a claim which had already become time barred whether under article 36 or article 120 of the limitation act.' 26. the ruling of the division bench was followed and the reasoning was adopted with respect to an application under section 469 of the companies act, 1956, by a learned single judge of this court in malabar petroleum co. v. continental oil ..... official liquidator filed in support of the application merely stated in paragraph 7 thereof that the claim was not barred by limitation in view of the provisions contained in section 458a of the companies act, 1956, and sections 18 and 19 of the limitation act, 1963. apart from that sentence, the report did not contain any particulars as to how the claim was in time. in ..... full bench proceeded to conclude its judgment in the following words (at page 122 of 78 comp cas) : 'the correct period of limitation for claims made under section 446(2)(b) of the companies act, is the relevant article in the limitation act, 1963, as a applicable to the nature of the claims. whether the claim is enforceable or not is to be determined with ..... certain moneys, a suit by him in the name of the company for the recovery of the said moneys would have been dismissed as barred by the limitation act, the court would have no power under section 186 to order payment to the liquidators of the moneys so claimed. 28. if the said test is applied, there can be no doubt that the .....Tag this Judgment!
Court : Mumbai Nagpur
..... civil suit to be tried in accordance with the provisions of the code of civil procedure.36. if the value of the subject matter of the suit covered by section 26(1) of the small cause courts act exceeds the pecuniary limits specified under section 28(1) of the civil courts act, then a civil judge invested with the jurisdiction of a court of small causes shall ..... of all such suits of a civil nature, of which the value does not exceed the pecuniary limit/restriction of jurisdiction specified under section 28(1) of the civil courts act and this would include the suit, as contemplated by section 26(1) of the small cause courts act.24. section 28, as it stands, was incorporated in the year 1958 and at that time, the provision ..... have jurisdiction to entertain, try and decide the civil suits contemplated by section 26(1) of the small cause courts act to the extent of the pecuniary limits prescribed under section 28(1) of the civil courts act. section 32 of the small cause courts act states that so much of chapters iii, vi and iv-a1, as relate to the practice and procedure of the courts of ..... division, achalpur, had the jurisdiction of a court of small causes, ordinarily upto a particular limit. however, it was held that in view of the non obstante clause with which section 26 of the small cause courts act begins, nothing contained in sections 15 and 16 of the said act would prevent the court of small causes from exercising the jurisdiction to entertain and try the .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1951Bom270; (1950)52BOMLR871; ILR1951Bom114
..... . that, in our opinion, would not justify us in interpreting the provisions of section 6(a) in the narrow and limited sense as suggested by the respondent because if the 1951 bom./35 & 36 said construction is accepted, part of section 6(a) which provides that the unamended section 26, civil courts act will apply to pending suits will be rendered meaningless and nugatory. the respondent has ..... judges, junior division, is now raised to rs. 10,000 and the limit within which this amount can be extended is raised from b8. 7,500 to rs. 15,000. then we have section 4 of the new act which purports to amend section 26, bombay civil courts act. before the amendment of section 26, the position was that in all suits decided by a civil judge of ..... asked us to hold that the present case is indirectly governed by section 6(b). it .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1991Kant345
..... law, namely, the electrical inspector. the proper course for the executive engineer (electrical) was to resort to the procedure prescribed under sub-section (6) of section 26 of the indian electricity act, 1910 instead of unilaterally proceeding to assume what actually had happened and then proceed to raise a bill and make a demand on the ..... executive engineer (electrical) has made short shrift of legal or statutory procedure and as such the impugned action is in contravention of subsection (6) of section 26 of the act.14. on an appreciation of the cumulative effect of several discrepancies pointed out earlier and taking an overall view of the case, i am convinced ..... energy for the corresponding months and did not yield to the demand for payment of alleged arrears. one more disconnection notice was issued under section 24 of the act dated 19-3-1983 calling upon the petitioner to make payment of the sum of money noted therein within seven days in default of which ..... to my notice by the learned counsel for the petitioner that sri krishnarajendra mills limited, mysore has already gone into liquidation and an official liquidator of the company has already been appointed by virtue of section 449 of the companies act, 1956 and that the matter for revival of the unit is pending consideration before ..... order1. the petitioner sri krishnarajendra mills limited, mysore entered into an agreement with the state government for supply of electrical energy to the company with the agreement providing for .....Tag this Judgment!