Court : Gujarat
Decided on : Feb-07-1962
Reported in : AIR1963Guj119; (1963)GLR59
..... court. the appellant accordingly presented the memorandum of appeal to the chief court but since the ninety days allowed had expired, the appellant presented an application for extension of time under section 5 of the limitation act. on this application the question arose whether the appellant was entitled to be relieved against the delay in filing the appeal in the chief court. this ..... good faith i. e., with due care and attention in giving the mistaken advice, the litigant acting on the mistaken advice cannot obtain relief under section 5 of the limitation act. it must also he mentioned that this decision of the punjab high court has not discussed the question on first principle nor has it considered the decision of the privy council in 21 ..... and attention in giving the mistaken advice, the analogy of section 14 of the limitation act cannot be invoked so as to make out sufficient cause within the meaning of section 5 of the limitation act. it is therefore apparent that no support could really be derived by the punjab high court from this decision of the privy council for taking the view that unless ..... 1918 pc 135) which in my view considerably supports the contention urged on behalf of the appellant. i must, therefore, with the greatest respect to the learned judges of the punjab high court decline to follow this decision.16. but before i part with this point, i must refer to one other decision relied on by the learned advocate general and .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-24-1962
Reported in : AIR1963All284
..... placed.48. for the reasons given above we are of the opinion that in this particular case the appellants were not entitled to seek an extension of the period of limitation under section 19 of the indian limitation act.appeal no. 38 of 1961.49. this appeal arises out of an application made by the official liquidator for the exjunction of a claim made ..... before those debts were actually barred. there can be little doubt on the wide-words' of section 19 of the indian limitation, act that if a creditor could prove an acknowledgment, within the terms of section 19, then he, could have-an extension of the period from the time when the acknowledgment was made. there can also be little-, doubt that an acknowledgment ..... j. a. dixit, the raja bahadur had nominated raja anrudh pratap narain singh as his successor by a deed of nomination alleged to. have been executed on the 17th april, 1947. under this deed of nomination raja anrudh pratap narain singh became the chairman of the managing agency firm as also the chairman of the board of directors of the jagdish ..... by the punjab high court.33. we have, therefore, no hesitation in holding that any debts due from the company which were barred at the date of the making of the wind-ing-up order would be barred and not recoverable in liquidation proceedings. there was a little con-troversy as to whether article 115 or article 120 of the limitation act applied .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-31-1962
Reported in : AIR1962P& H350
..... . most of the same objections have been again taken before us.(3) the tax has been imposed by virtue of section 30 of the punjab district boards act which runs thus-'30. a district board may, with the previous sanction of the state government, impose any tax which the state legislature has ..... a provisions had to be made for extension of revenue, and it was for this purpose that power had to be given to the district boards to impose taxes within their jurisdiction. that power had been given by section 30 of the act, but the limits within which the power has to be ..... restrictions are even more stringent and the guiding principles more clearly stated, and i cannot find any ground for holding that section 30 of the punjab district boards act offends against the rule of excessive delegation of legislative function, and, in may opinion, the courts below were right in repelling this contention.(5) ..... consideration. (6) when the proposals of a district board in respect of a tax have been sanctioned by the state government, then- (a) in punjab, the state government shall notify the imposition of the tax in accordance with the proposals, and shall in the notification specify a date not less than ..... state legislature cannot, in may opinion, hold good. very similar power has been given to the municipal committees under the punjab municipal act, and it is pertinent to notice that in connection with somewhat similar power exercisable by a municipal committee under the bombay district municipalities .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-06-1962
Reported in : AIR1962P& H450
..... time barred, the plaintiff's appeal by one day, and that of the defendants by 18 days. an application under section 5 of the limitation act for extension of the period of limitation was filed by the plaintiff and the reason for the delay, which was given was, that he had come to ferozepore on 23rd june, ..... learned district judge be reversed restoring that of the trial court with proportionate costs throughout.(16) on the question of the extension of the period of limitation under section 5 of the indian limitation act and as to the extent to which a court of second appeal can interfere with a conclusion of the trial court, ..... , 33 ind cas 808 : (air 1916 lah 202), in which sir donald johnstone, chief judge of the punjab chief court, observed that the discretionary power given to courts by section 5 of the limitation act should be interfered with in exceptional cases only. in that case in consequence of the change from the old to ..... as to whether the facts and circumstances, constitute sufficient cause, is one of law and not of fact and can be raided in second appeal. vide air 1947 lah 76, kishen chand v. mohammad hussain, air 1942 lah 94, and air 1942 lah 94, air 1926 lah 542.(24) it is a universal ..... to its own circumstances to see whether they make it fall within or without the terms of the general rule.'in arura v. karam din, air 1947 lah 76 abdur rahman j. interfered on second appeal with the exercise of the direction of the court below with the observations that the inference drawn by .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-18-1962
Reported in : AIR1964AP491; (1966)IILLJ350AP
..... court had allowed, by applying article 102 read with section 15(2) of the limitation act, a claim for three years and two months which decision was held to be valid applying the principles laid down in air 1947 fc 23. we have no doubt whatever that it is article 102 that applies for ..... state of uttar pradesh, aw 1962 sc 1334. mr. gangadhara rao has referred to two decisions of punjab province v. tara chand, air 1947 f c 23 and : 1scr886 , as cases where the question of limitation -- whether under article 120 or under article 102 -- was directly raised and decided, and that on the ..... a specified duty on completion of which the incumbent thereof will be discharged unless previous sanction of the competent authority is obtained in time for an extension in the period of the appointment. 79. an officer holding a substantive appointment may be deputed to fill a temporary or permanent appointment without losing ..... dismissed from service on 19-3-1938 after exhausting his remedies by way of a departmental appeal, instituted on 14-4-1942 a suit against the punjab province for a declaration that the order of dismissal was void and of no effect and claimed arrears of pay from 20-3-193s till 2 ..... and from the subsequent decisions of their lordships of the supreme court in madhav v. state of mysore, : 1scr886 and sukhbans singh v. state of punjab, : (1963)illj671sc , that where a public servant has a right to the post, he cannot be reverted or punished in any way without fulfilling the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Mar-31-1962
Reported in : AIR1963MP20
..... termination of the review proceedings must be explained by the appellant. in these exceptional circumstances we would exercise our power under section 5 of the limitation act in favour of the appellant and condone the delay.7. adverting now to the main question in this appeal, there cannot be the slightest ..... appeal, will tantamount to add the words 'or appeal' after the word 'suit' in section 14 sub-section (1). the scheme of the limitation act leaves no manner of doubt that certain provisions are made applicable to suits and some others to appeals and yet some others to both; so about ..... extension of limitation is prayed for under section 5 on a ground analogous to that provided under section 14, it is imperative that the party asking for the indulgence must explain the delay which has taken place between the termination of the period sought to be excluded and the presentation of the appeal.5. section 14 of the limitation act ..... was set aside. thereafter an appeal was filed. their lordships of the judicial committee were told on the basis of certain decision of the punjab and calcutta high courts that there was a general rule to exclude the time spent in review proceedings from the time to be computed for ..... case the question with which we are dealing was not called for determination.10. learned counsel further relies on holaram v. governor-general, air 1947 sind 145. in that case it seems that in a pending suit arbitration was resorted to. if that decision goes to the extent of holding .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-07-1962
Reported in : AIR1962SC1371; 32CompCas514(SC); Supp3SCR632
..... bank in america is a banking corporation organised by private persons and operated for private gain, the power and duties of which are defined and limited by acts of congress, providing for creation and liquidation of such institutions and being established to aid or promote governmental purpose and to provide national currency they ..... to manipulate the finances at their disposal. the main features were 'the grant of loans to persons connected with the management of banks without adequate security extensive window-dressing at the time of preparing balance-sheets, and, in general, a tendency to utilise the bank's funds to the detriment of the ..... above can apply to the facts here. 52. the learned attorney-general, on the other side, drew our attention to virendra v. the state of punjab : 1scr308 , where it has been pointed out that in judging the reasonableness of any particular law 'the surrounding circumstances in which the impugned law ..... to a banking company with a first charge on the assets, if wound up. a large number of banking companies had failed during the years, 1947, 1948 and 1949. between 1926 and 1937, 23 banks had suspended payment. in 1938 and 1939, 46 banks failed, from 1940 to 1946, 95 ..... banks were involved. but, in 1947, 1948 and 1949 there were as many as 123 failures involving outside liabilities of rs. 82 crores ! the largest number was in calcutta with 83 .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-04-1962
Reported in : AIR1963P& H298
..... in nirmla textile finishing mills ltd. v. the 2nd punjab tribunal, (s) air 1957 sc 329, the question for consideration was the power of the government to refer an industrial dispute to one of the three tribunals referred to in the industrial disputes act, 1947, and what was held was that the power was valid ..... servant permitted to retire after completing qualifying superior service for 25 years.the petitioner contends that the words 'permitted to retire' arc used only with the limited meanings as are given to these words in this rule, but there is nothing to justify that these words have been used in rule 3.26 ..... dale is not the date of superannuation or compulsory retirement of the petitioner and the later date is at the expiry of that leave subject to extension of service according to rule 3.26(d), volume i, of 1959 rules. the petitioner refers to certain rules to support this position taken by ..... express enactment or necessary implication is not taken away by mere implication. in this last respect the petitioner refers to baldev singh v. govt. of patiala and east punjab states' union, air 1954 pepsu 98, and wall work v. fielding, (1922) 2 kb 66. the vested right upon which the petitioner is laying ..... , of either set of rules but these rules only provide that as the superannuation age is approaching and before the expiry of the period of extension each government servant's case should be taken up and that is for purposes of pension. it is on these rules of 1941 that the petitioner .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-23-1962
Reported in : AIR1963SC222; 2SCR353
..... patiala, kalsia, and nalagarh entered into an agreement referred to as 'the covenant' for the establishment of a new state called the patiala and east punjab states union or more briefly 'the pepsu union' comprehending the territories of their respective states with a common executive, legislature and judiciary. article iii ..... to pay such dues. section 10 says that neither the nazim not the accountant-general shall act upon such a certificate unless it is sent within the period of limitation prescribed under the limitation act within which the said bank could institute a suit in a civil court for the recovery ..... the full bench of the punjab high court in general s. shivdev singh v. the state of punjab , that it was not competent to the punjab government to delegate the functions assigned to it under s. 42 of the east punjab holdings consolidation and prevention of fragmentation) act, 1948, to the additional ..... v. sri a.v. viswanatha sastri : 26itr713(sc) , struck down s. 5(1) of taxation on income (investigation commission) act, 1947 (act xxx of 1947), on the ground that the procedure prescribed thereunder is discriminatory in character, having regard to the fact that under the amended s. 34 of the ..... of the laws within the territory of india.' 50. this subject has been so frequently and recently before this court as not to require an extensive consideration. in state of u.p. v. deoman upadhyaya : 1960crilj1504 , i have describe briefly the doctrine of equality thus : 'all persons .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-09-1962
Reported in : AIR1962SC1406; 1SCR491
..... v. the commonwealth (1948) 76 cri.l.r. 1. the question was about the constitutionality of the banking act, 1947, and alternatively of some of its sections. the act provided for the acquisition of shares in certain private banks by the commonwealth bank by agreement or compulsion and generally for ..... upon parliament and the appropriate legislatures under article 246 of the constitution. but, in exercise of the power of taxation, subject to these limitations, the appropriate legislature cannot make a law infringing the freedoms conferred under the constitution. the conditions prescribed for imposing a tax or the ceilings ..... us has to be solved. we must now say a few words regarding the historical background. it is necessary to do this, because extensive references have been made to australian and american decisions, australian decisions with regard to the interpretation of section 92 of the australian constitution and ..... to the attorney general on behalf of the union of india (uoi). the states of andhra pradesh, assam, bihar gujarat, madras, maharashtra, orissa, punjab, uttar pradesh and west bengal intervened and were represented before us either through their respective advocates-general or other counsel m/s. m. a. tulloch ..... and lastly to a republic of a union of states are transitions within one's memory. earlier still, there was the rule of east india company under the crown through the secretary of state for india and the governor-general. 118. the transition in india was thus in .....Tag this Judgment!