Supreme Court (SC) Judgements on Limitation Act, 1963

This appeal by special leave is directed against the judgment and order of the Madras High Court dismissing a second appeal.

Chhathu Ram & Ors Vs. Commissioner of Income Tax, Bihar, Patna & Ors [1993] INSC 117 (3 March 1993)

Judgement Date : march/1993, Citation : 1993 Latest Caselaw 115 SC

The appellants-assessees were assessed as individuals under Section 23(3) of the Indian Income Tax Act, 1922, for the assessment year 194243. The incomes assessed included the cash credits in their personal accounts in the books of a company. On the basis of the said incomes, an assessment order was.

K.S. Viswam Iyer Vs. State Wakf Board [1993] INSC 103 (25 February 1993)

Judgement Date : february/1993, Citation : 1993 Latest Caselaw 101 SC

This appeal by special leave is by the defendants against the judgment of the Madras High Court by which the second appeal was allowed resulting in the suit filed by the respondent for recovery of possession of the suit property, being decreed. The impugned judgment is a common judgment rendered in.

Anwari Basawaraj Patil & Ors Vs. Siddaramaiah & Ors [1993] INSC 38 (27 January 1993)

Judgement Date : january/1993, Citation : 1993 Latest Caselaw 38 SC

The first respondent, a defeated candidate, riled an election petition before the High Court for a declaration that the election of the appellant was void and that he himself had been duly elected. Since the notice could not be served on the appellant, and some other respondents in the ordinary cour.

Balwant Singh & Ors Vs. Gurbachan Singh & Ors [1992] INSC 205 (15 October 1992)

Judgement Date : october/1992, Citation : 1992 Latest Caselaw 205 SC

In execution of decree for pre-emption obtained by the respondent he was delivered actual possession as well as symbolic possession of lands. According to the decree, the respondent was only entitle to actual possession, and so far as the delivery of symbolic possession was concerned, it was beyond.

S. Rajan Vs. State of Kerala & ANR [1992] Vs. 181 (29 July 1992)

Judgement Date : july/1992, Citation : 1992 Latest Caselaw 181 SC

On 19.2.1966 an agreement was entered into between the appellant-contractor and the respondent-State where under the appellant undertook to carry out certain work within a period of ten months. He did not complete the work within the period prescribed, whereupon the contract was terminated on 19.12.

P.A. Oommen Vs. Moran Mar Baselius Marthoma [1992] Vs. 170 (17 July 1992)

Judgement Date : july/1992, Citation : 1992 Latest Caselaw 170 SC

The appellant and Respondents Nos. 6 and 9 filed a suit in the District Court. The suit was transferred to a Sub- Judge, who tried it along with another suit filed by other plaintiffs. By a common judgment he dismissed the transferred suit as also the other suit. The plaintiffs in the other suit app.

Patel Naranbhai Marghabhai & Ors Vs. Dhulabhai Galbabhai & Ors [1992] INSC 162 (15 May 1992)

Judgement Date : may/1992, Citation : 1992 Latest Caselaw 162 SC

The predecessor of the respondents mortgaged the suit- lands to the predecessor of the appellants, under the provisions of the Bombay Agricultural Debtors Relief Act,1947. The mortgagor/debtor committed default in the payment. The mortgagee initiated an execution to realise the debt due amount.

Sarojini Tea Co. (P) Ltd Vs. Collector of Dibrugarh, Assam & ANR [1992] INSC 26 (24 January 1992)

Judgement Date : january/1992, Citation : 1992 Latest Caselaw 26 SC

The appellant, a tea company, whose land was declared excess under the Assam Fixation of Ceiling on Land Holdings Act, 1956 as amended by Assam Act, VIII of 1971, was awarded compensation, equal to 50 times of the annual land revenue of the excess land as provided under section 12 of the Act. How.

Amirtham Kudumbah Vs. Sarnam Kumdumban [1991] INSC 104 (16 April 1991)

Judgement Date : april/1991, Citation : 1991 Latest Caselaw 104 SC

The appellant purchased the suit property of the minor from a person, to whom the same was sold by the father, the natural guardian, whereas the respondent purchased the suit- property from the minor within three years on his attaining majority. The respondent-plaintiff instituted a suit against.

Harbans Singh Vs. Guran Ditta Singh [1991] INSC 54 (20 February 1991)

Judgement Date : february/1991, Citation : 1991 Latest Caselaw 54 SC

Ram Bhawan Singh & Ors Vs. Jagdish & Ors [1990] INSC 251 (22 August 1990)

Judgement Date : august/1990, Citation : 1990 Latest Caselaw 251 SC

The land in plots Nos. 6385 and 6386 had been in posses- sion of Ram Dayal as mortgagee under Baijnath who was the original tenant. Respondents No. 1-3 are the descendants of Ram Dayal. They made an application under section 9 of U.P. Consolidation of Holdings Act, 1954 before the Consolidation O.

P.K. Unni Vs. Nirmala Industries & Ors [1990] INSC 50 (20 February 1990)

Judgement Date : february/1990, Citation : 1990 Latest Caselaw 50 SC

In this appeal by special leave brought by the auction- purchaser against the Judgment of the Madras High Court the sole question for consideration is as regards the period of limitation for making a deposit to make an application under Rule 89 of Order XXI of the Civil Procedure Code, 1908 to set a.

Mohd. Zainulabudeen Vs. Sayed Ahmed Mohindeen & Ors [1989] INSC 386 (15 December 1989)

Judgement Date : december/1989, Citation : 1989 Latest Caselaw 386 SC

Mohd. Zainulabdeen and Yasin By filed a suit for declaration that they were entitled to be in enjoyment and possession of Saint Syeed Moosa Shah Khadiri Dargah in Madras for 27 days and to restrain the defendants from interfering with tile plaintiffs' aforesaid right and management in the Dargah.

Ramzan Vs. Smt. Hussaini [1989] INSC 359 (24 November 1989)

Judgement Date : november/1989, Citation : 1989 Latest Caselaw 359 SC

The period of limitation of three years for specific performance of a contract begins to run under the third column of Article 54 of the Limitation Act, 1963 from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused. Under an.

Achal Reddi Vs. Ramakrishna Reddiar & Ors [1989] INSC 353 (17 November 1989)

Judgement Date : november/1989, Citation : 1989 Latest Caselaw 353 SC

A, the owner of the land in question, conveyed possession of it to B under an oral agreement of sale. A deed was drawn up within about a week, but before it could be registered, A died and his sons executed a sale-deed in respect of the land, in favour of C. Aggrieved, B instituted a suit against C.

Bhavnagar Municipality Vs. Union of India & ANR [1989] INSC 350 (17 November 1989)

Judgement Date : november/1989, Citation : 1989 Latest Caselaw 350 SC

The plaintiff-appellant had flied a suit against the defendents respondents for a declaration of its title and for possession of the suit property mentioned in the schedule to the plaint which consisted of two parts; the first part related to a large extent of vacant land known as parade ground and.

S.S. Rathore Vs. State of Madhya Pradesh [1989] INSC 268 (6 September 1989)

Judgement Date : september/1989, Citation : 1989 Latest Caselaw 268 SC

The plaintiff-appellant was dismissed from service by the Collector on 13.1.1966. His departmental appeal was dismissed by the Divisional Commissioner on 31.8.1966. Thereupon the appellant instituted a suit on 30.1.1969 asking for a declaration that the order of dismissal was inoperative and that.

Mahabir Kishore & Ors Vs. State of Madhya Pradesh [1989] INSC 215 (31 July 1989)

Judgement Date : july/1989, Citation : 1989 Latest Caselaw 215 SC

The appellant firm was allotted contracts for manufacture and sale of liquor for the year 1959 and for the subsequent periods from 1.1. 1960 to 31.3.1961 for Rs.2,56,200 and Rs.4,71,900 respectively by the M.P. Govt. who also charged 7-1/2% over the auction money as mahua and fuel cess. As writ peti.

Reet Mohinder Singh Sekhon Vs. Mohinder Parkash & Ors [1989] INSC 214 (31 July 1989)

Judgement Date : july/1989, Citation : 1989 Latest Caselaw 214 SC

The appellant is the successor in interest of the mortgagor of the suit property. The suit property was mortgaged on 22.5.1886. In the normal course the suit for redemption should have been filed on or before 22.5.1946, the limitation for such a suit being 60 years under the Limitation Act, 1906. Th.

Smt. Lata Kamat Vs. Vilas [1989] INSC 106 (29 March 1989)

Judgement Date : march/1989, Citation : 1989 Latest Caselaw 106 SC

A decree in favour of the respondent-husband was grant ed by the Trial Court declaring his marriage with the appellant to be a nullity under section 12(1)(d) of the Hindu Marriage Act, 1956 on the ground that the wife at the time of marriage was pregnant by some one other than the respondent. In.

Collector of Central Excise, Madras Vs. Standard Motor Products, [1989] INSC 70 (24 February 1989)

Judgement Date : february/1989, Citation : 1989 Latest Caselaw 70 SC

An application for condonation of delay was filed by the petitioner-Revenue alongwith statutory appeals against the judgment/order of the Customs, Excise and Gold Control Appellate Tribunal. The application was rejected by a Single Judge of this Court under Order VI, Rule 2(14) of the Su- preme Cour.

Commissioner of Sales-Tax, U.P., Lucknow Vs. Super Cotton Bowl Refilling Works & ANR [1989] INSC 38 (2 February 1989)

Judgement Date : february/1989, Citation : 1989 Latest Caselaw 38 SC

The assessee-respondent in the appeals was engaged in the repairing and refilling of cotton bowls on the shafts which are used as part of calendering machine in the textile industry. The cotton bowl is a shaft made of steel on which a thick layer of cotton is pasted and affixed. It is used in the te.

Collector of Central Excise, Chandigarh Vs. Doaba Co-Operative Sugar Mills Ltd., Jalandhar [1988] INSC225 (16 August 1988)

Judgement Date : august/1988, Citation : 1988 Latest Caselaw 224 SC

The Superintendent of Central Excise issued a show cause notice on November 15, 1981 to the respondent for recovery of `excess production' rebate erroneously granted under Notification No. 108/78. The Assistant Collector, however, on July 31, 1982 held that there was no excess Production because.

Indian Rayon Corpn. Ltd. Vs. Raunaq & Company Pvt. Ltd. [1988] INSC204 (4 August 1988)

Judgement Date : august/1988, Citation : 1988 Latest Caselaw 203 SC

Section 14(2) of the Arbitration Act, 1940 enjoins the arbitrator or the umpire to give notice to the parties of filing of the award. Under clause (b) of Article 119 of the Limitation Act, 1963, the time for making an application for setting aside an award or getting an award remitted for reconsider.

Major (Retd.) Inder Singh Rekhi Vs. Delhi Development Authority [1988] INSC 84 (24 March 1988)

Judgement Date : march/1988, Citation : 1988 Latest Caselaw 84 SC

The appellant undertook construction of certain houses for the respondent-Development Authority and completed the same on 2nd April, 1980. The appellant sent several letters to the respondent requesting for finalisation of the bills; the first one on 28th February, 1983 and the last on 4th Septem.

G. Ramegowda, Major, Vs. Special Land Acquisition Officer, Bangalore [1988] INSC 70 (10 March 1988)

Judgement Date : march/1988, Citation : 1988 Latest Caselaw 70 SC

The lands of the appellants were acquired for the purpose of the 'University of Agricultural Sciences' at Bangalore. The Civil Judge in Land Acquisition References under Section 18 of the Land Acquisition Act passed a common award in the three Land Acquisition References on 17.7.1970.

Tejinder Kaur Vs. Gurmit Singh [1988] INSC 50 (23 February 1988)

Judgement Date : february/1988, Citation : 1988 Latest Caselaw 50 SC

Section 15 of the Hindu Marriage Act, 1955 provided that when a marriage was dissolved by a decree of divorce, it shall be lawful for either of the spouses to marry again, where either there was no right of appeal or where there was such a right of appeal, the time for appealing, had expired, withou.

Salonah Tea Company Ltd Vs. Superintendent of Taxes Nowgong & Ors [1987] INSC 386 (18 December 1987)

Judgement Date : december/1987, Citation : 1987 Latest Caselaw 385 SC

The Assam Taxation (on Goods Carried by Road or Inland Water-ways) Act,1954 was struck down as ultra vires the Constitution in Atiabari Tea Co. Lld. v. State of Assam, AIR 1961 SC 232. A new Act was thereafter passed which received the President's assent on April 6, 1961. The High Court declared.

Government of Tamil Nadu & Ors Vs. Badrinath & Ors [1987] INSC 287 (15 October 1987)

Judgement Date : october/1987, Citation : 1987 Latest Caselaw 286 SC

Respondent No. 1 who was functioning at the relevant time as the commissioner of Archives and Historical Research, Tamil Nadu, delivered a speech at a function held by the History Association of the Presidency College, Madras criticising the time capsule buried in the precincts of the Red Fort at De.

Raj Kumar Dey & Ors Vs. Tarapada Dey & Ors [1987] INSC 250 (14 September 1987)

Judgement Date : september/1987, Citation : 1987 Latest Caselaw 249 SC

An agreement was entered into by appellants Nos. 1 to 4 and respondent No. 1 regarding partition of joint movable and immovable properties. A dispute arose relating to certain properties, which was referred to arbitration. The arbitrators made their award on November 28, 1977, which was filed by the.

Kashi Ram Vs. Rakesh Arora [1987] INSC 216 (18 August 1987)

Judgement Date : august/1987, Citation : 1987 Latest Caselaw 215 SC

The Rent Controller passed an order of eviction against the appellant-tenant in October, 1960 on the ground of bona fide requirement of the landlord. The appeal against this order was dismissed by the Rent Tribunal in October, 1961. The application of the respondent landlord for permission to exe.

Ganpat Ram Sharma & Ors Vs. Smt. Gayatri Devi [1987] INSC 175 (17 July 1987)

Judgement Date : july/1987, Citation : 1987 Latest Caselaw 174 SC

The respondent purchased the suit premises in April, 1973 and in September, 1973 applied to the Competent Authority under the Slum Area (Improvement and Clearance) Act, 1956 for permission to evict the appellants who were inducted into the premises by the erstwhile landlord. The permission was grant.

Ganpat Singh (Dead) By Lrs. Vs. Kailash Shankar & Ors [1987] INSC 161 (8 May 1987)

Judgement Date : may/1987, Citation : 1987 Latest Caselaw 160 SC

The mortgagee decree-holder in execution of the final decree for mortgage, himself purchased the disputed property in the auction sale held on July 14, 1978. On September 20, 1978 the judgment-debtor, the predecessor-in-interest of the appellants, filed an application under Order XXI Rule 90 of the.

Smt. Shakuntala S. Tiwari Vs. Hem Chand M. Singhania [1987] INSC 153 (6 May 1987)

Judgement Date : may/1987, Citation : 1987 Latest Caselaw 152 SC

The appellant in the appeals was the tenant of the demised premises who was inducted as a monthly tenant for the purpose of conducting the ice-cream business carried on by her husband. The letting was done on an agreement dated December 29, 1975 by the landlord respondent which was to become effecti.

Mahendra Kumar & ANR Vs. State of Madhya Pradesh & Ors [1987] INSC 148 (4 May 1987)

Judgement Date : may/1987, Citation : 1987 Latest Caselaw 147 SC

The predecessor-in-interest of the appellants, namely, Babulal, purchased a house in the year 1947 from the sons of one Mannulal. The appellants and the respondents No. 6 to 8 are the sons of the other three brothers of Mannulal. In the year 1976 the respondents Nos. 2 to 5 started reconstructing or.

Collector Land Acquisition, Anantnag & ANR Vs. Mst. Katiji & Ors [1987] INSC 52 (19 February 1987)

Judgement Date : february/1987, Citation : 1987 Latest Caselaw 52 SC

An appeal by the State. against a decision enhancing compensation in respect of acquisition of lands for a public purpose, raising important questions as regards principles of valuation, was dismissed by the High Court as time barred, being four days beyond time, by rejecting an application for cond.

Union of India & Ors Vs. Visveswaraya Iron & Steel Ltd. [1986] INSC 249 (24 November 1986)

Judgement Date : november/1986, Citation : 1986 Latest Caselaw 249 SC

Dismissing the SLP and CMP, the Court,

Harbhajan Singh Dhalla Vs. Union of India [1986] INSC 224 (5 November 1986)

Judgement Date : november/1986, Citation : 1986 Latest Caselaw 224 SC

The appellant, an Indian national who had undertaken general maintenance work and repairs at the Embassy of Algeria and at the residence of the then ambassador in New Delhi in the year 1976, in order to recover certain alleged payments due from the Embassy sought the consent of the Central Governmen.

Hari Chand @ Harish Chandra Vs. Shri Daulat Ram [1986] INSC 212 (15 October 1986)

Judgement Date : october/1986, Citation : 1986 Latest Caselaw 212 SC

The appellant instituted a suit for recovery of possession of the disputed land after demolition of the unauthorised constructions made thereon by the respondent alleging that he became owner of the land on the basis of a registered sale deed, that he started to build a compound wall over and around.

Heir of Deceased Maharaj Purshottamlaljimaharaj, Junagadcol Vs. [1986] INSC 184 (9 September 1986)

Judgement Date : september/1986, Citation : 1986 Latest Caselaw 184 SC

The auction of the property of judgment-debtor no. 1, in execution of a money decree, was held on July 26, 1985. The highest bid of Rs.22,000 offered by the auction- purchaser was accepted. The case for confirmation of sale was fixed on September 30, 1985. In the mean while, judgment-debtor no. l.

University of Allahabad & Ors Vs. Amrit Chand Tripathi & Ors [1986] INSC 182 (2 September 1986)

Judgement Date : september/1986, Citation : 1986 Latest Caselaw 182 SC

The petitioner, Minerva Mills Ltd.-a textile undertaking had been running at a loss and had to be closed down. The Central Government ordered an investigation into the affairs of the petitioner-company under s. 15 of the Industries (Development & Regulation) Act 1931. Thereafter, the State Gover.

Mewa Ram & Ors Vs. State of Haryana Through The Land Acquisition Collector [1986] INSC 176 (26 August 1986)

Judgement Date : august/1986, Citation : 1986 Latest Caselaw 176 SC

The petitioners, after a lapse of more than three years from the date of the High Court Judgment, filed the present petitions for enhancement of the rate of compensation to 17.50 per square yard on the ground that the Supreme Court in two cases decided on April 1, 1982 had enhanced the rate of compe.

Rojasara Ramjibhai Dahyabhai Vs. Jani Narottamdas Lallubhai & ANR [1986] INSC 70 (10 April 1986)

Judgement Date : april/1986, Citation : 1986 Latest Caselaw 70 SC

The appellant-defendant who was the owner of two plots of land admeasuring 491 and 1599 square yards situate in village Dudheraj recorded as Girasdari agricultural land entered into an agreement in writing (Ex.26), on October 19, 1949, with the Girasdar, Rana Mohabat Singh to purchase the said lands.

Sakuru Vs. Tanaji [1985] INSC 153 (10 July 1985)

Judgement Date : july/1985, Citation : 1985 Latest Caselaw 153 SC

The Revenue Divisional Officer Declared The Respondent To Be The Owner Of An Extent Of About 6 Acres Of Land Under Section 38e Of The Andhra Pradesh (Telangana Area) Tenancy And Agricultural Lands Act, 1950 On The Ground That He Was A 'Protected Tenant'. Though An Appeal Lay To The Collector.

Zafar Khan & Ors Vs. Board of Revenue, U.P. & Ors [1984] INSC 132 (31 July 1984)

Judgement Date : july/1984, Citation : 1984 Latest Caselaw 132 SC

The appellants, in execution of a decree passed in a suit filed by them under s. 180 of the U.P. Tenancy Act, 1939, on December 2, 1948 took back possession of the land in dispute from the respondent Nos. 4 and 5 (respondents for short). On the advent of the U.P. Zamindari Abolition and Land Reforms.

Shri Vallabh Glass Works Ltd. & Ors Vs. Union of India & Ors [1984] INSC 57 (14 March 1984)

Judgement Date : march/1984, Citation : 1984 Latest Caselaw 57 SC

Appellant No. 1 was a company engaged in the business of manufacturing different types of glass, viz., figured glass, wired glass, coloured figured glass, rolled glass and coolex wired glass. The Central Excise Department had levied and collected excise duty on the said goods on the basis that they.

Gaya Parshad Dikshit Vs. Dr. Nirmal Chander & ANR [1984] INSC 4 (3 January 1984)

Judgement Date : january/1984, Citation : 1984 Latest Caselaw 4 SC

The respondents filed a suit for recovery of possession of the premises from the appellant after termination of his licence. The appellant claimed title by adverse possession. The High Court held that mere termination of the licence of a licencee does not enable the licence to claim adverse posse.

Mohd. Yunus Vs. Mohd. Mustaqim & Ors [1983] INSC 140 (4 October 1983)

Judgement Date : october/1983, Citation : 1983 Latest Caselaw 140 SC

On the failure of the judgment-debtor to satisfy the decree passed against him the property in dispute was sold in execution of the decree. The surety made an application under section 151 Code of Civil Procedure, without mentioning the order under which the application was made. The Subordinate.

Balram & Ors Vs. The Iiird Additional District. Judge & ANR [1983] INSC 38 (12 April 1983)

Judgement Date : april/1983, Citation : 1983 Latest Caselaw 38 SC

During the pendency of the ceiling appeal under the U.P. Imposition of Ceiling on Land Holdings Act, 1960, the sole appellant died on January 9, 1980, On October 25, 1980, his three sons applied for setting aside of abatement and condonation of delay and for substitution of their names as legal repr.

Munshi Ram Vs. Narsi Ram & ANR [1983] INSC 3 (14 January 1983)

Judgement Date : january/1983, Citation : 1983 Latest Caselaw 3 SC

The appellant filed a suit in the court of sub-Judge Kaithal for possession of a piece of land in exercise of his right of pre-emption against respondents 1 and 2 alleging that they had purchased the land from his father, Babu Ram under a registered sale-deed dated May 16, 1977 in total discharge of.

State of Madhya Pradesh Vs. Dewadas & Ors [1982] INSC 11 (29 January 1982)

Judgement Date : january/1982, Citation : 1982 Latest Caselaw 11 SC

The Code of Criminal Procedure, 1973, provides inter alia, by sub-s. (3) of s. 3.8 that no appeal against an order of acquittal passed by a lower court shall be entertained under sub-s. (1) or sub-s.(2) except with the leave of the High Court. A practice was prevalent in the Madhya Pradesh High C.

Parbati Devi & Ors Vs. Mahadeo Prasad Tibrewalla [1979] INSC 135 (31 July 1979)

Judgement Date : july/1979, Citation : 1979 Latest Caselaw 135 SC

In a suit for recovery of money on the basis of a mortgage, a consent decree was passed. When the judgment- debtors failed to pay the amount the mortgaged properties were ordered to be sold. The decree-holder assigned his interest under the decree in favour of the respondent and this was approved by.

Concord of India Insurance Co Ltd. Vs. Nirmala Devi & Ors [1979] INSC 85 (16 April 1979)

Judgement Date : april/1979, Citation : 1979 Latest Caselaw 85 SC

A doctor and his brother riding a motor cycle were hit by a jeep driver and both were killed in November 1971, but the Motor Accident claims Tribunal delivered judgment on 5- 9-1976 five years later awarding sums of Rs. 80,000/- and Rs. 73,500/- to the two sets of claimants. The appeal in this ca.

Justiniano Augusto De Piedada Barreto Vs. Antonio Vicente De Fonseca & Ors [1979] INSC 59 (6 March 1979)

Judgement Date : march/1979, Citation : 1979 Latest Caselaw 59 SC

On Goa, Daman and Diu becoming a part of India as a Union Territory, Parliament enacted the Goa, Daman and Diu (Administration) Act, 1962 to provide for its administration and for matters connected therewith. Section 5(1) of the Act declared that all laws in force immediately before 20th December, 1.

Rajendera Nath Kar Vs. Gangadas & Gangadhar Rathi & Ors [1979] INSC 5 (12 January 1979)

Judgement Date : january/1979, Citation : 1979 Latest Caselaw 5 SC

In the eviction suit filed by the respondents against the appellant under the West Bengal Premises Tenancy Act, 1956, on the ground that the appellant was in arrears of rent, that he had sub-let the premises and that the respondents required the premises for their personal use, the appellant deposit.

Cambay Electric Supply Industrial Co. Ltd. Vs. The Commissioner of Income Tax, Gujarat-Ii Ahmedabad [1978] INSC 83 (11 April 1978)

Judgement Date : april/1978, Citation : 1978 Latest Caselaw 83 SC

A doctor and his brother riding a motor cycle were hit by a jeep driver and both were killed in November 1971, but the Motor Accident claims Tribunal delivered judgment on 5- 9-1976 five years later awarding sums of Rs. 80,000/- and Rs. 73,500/- to the two sets of claimants. The appeal in this ca.

Pathumma & Ors Vs. State of Kerala & Ors [1978] INSC 7 (16 January 1978)

Judgement Date : january/1978, Citation : 1978 Latest Caselaw 7 SC

The statement of objects and reasons to the Kerala Agriculturists' Debt Relief Act, 1970 states that the benefits conferred by Kerala Act 31 of 1958 were available only in respect of debts incurred by the agriculturists before the date of commencement of the Act, namely July 14, 1958. And since.

Indian Statistical Institute Vs. M/S Associated Builders & Ors [1977] INSC 226 (2 December 1977)

Judgement Date : december/1977, Citation : 1977 Latest Caselaw 226 SC

In connection with a dispute between the parties, the appellant submitted his objections for setting aside the arbitration award. The objection petition was filed within the period of limitation, but was returned as defective, in that the necessary stamps were not affixed, and the date of the verifi.

Udayan Chinubhai Vs. R. C. Bali [1977] INSC 180 (22 September 1977)

Judgement Date : september/1977, Citation : 1977 Latest Caselaw 180 SC

The respondent filed a suit for rendition of accounts against the appellant, The Trial Court delivered its judgment on 27-3-1976 and granted a final decree. The respondent was directed to make up deficiency in court fees within one month. On 14-4-1976, the appellant requested his advocate in the tri.

State Rajasthan Vs. Ramdeen & Ors [1977] INSC 76 (4 March 1977)

Judgement Date : march/1977, Citation : 1977 Latest Caselaw 76 SC

The State filed an application under s. 378(3) of the Cr.P.C, 1973, for leave to appeal against the acquittal of the respondents, of the charges under s. 302 and 302/149 I.P.C., by the Trial Court. The application, although made under s. 378(3) contained all the requisites for a memorandum of appeal.

Munshi & Ors Vs. Richpal & Ors [1977] INSC 60 (17 February 1977)

Judgement Date : february/1977, Citation : 1977 Latest Caselaw 60 SC

Section 7 of the Pepsu Tenancy and Agricultural Lands Act, 1955, which deals with termination of tenancy, provides that no tenancy shall be 'terminated except on any of the grounds mentioned in the section. Section 7 gives additional grounds for termination of tenancy in certain cases. Respon.

Kerala State Electricity Board, Trivandrum Vs. T.P.K.K. Amsom And Besom, Kerala [1976] INSC 271 (29 October 1976)

Judgement Date : october/1976, Citation : 1976 Latest Caselaw 271 SC

The appellant cut and removed some trees from the respondent's land for laying electric lines, and assessed the compensation. Later, the respondent filed a petition under-section 16(5) of the Indian Telegraph Act, 1885, claiming an enhanced compensation. The Appellant opposed the petition conten.

Commissioner of Sales Tax, U.P. Vs. Madan Lal Dan & Sons, Bareilly [1976] INSC 230 (22 September 1976)

Judgement Date : september/1976, Citation : 1976 Latest Caselaw 230 SC

The Assistant Commissioner (Judicial) Sales Tax, Bareilly, disposed of the respondents' appeal made against an order of the Sales Tax Officer. A copy of the order was served on the respondent, but he lost it. Later, he obtained another copy and filed a revision petition under section 10 of the U.

Mohd-Ashfaq Vs. State Transport Tribunal U.P. & Ors [1976] INSC 214 (10 September 1976)

Judgement Date : september/1976, Citation : 1976 Latest Caselaw 214 SC

Under the proviso to s. 58(2) of the Motor Vehicles Act, 1939 an application for renewal of an existing permit shall be made not less than 120 days before the date of expiry of the permit. The procedure to be followed in this respect is the same as provided in s. 57 for the grant of a fresh permit.

Sushila Devi Vs. Ramanandan Prasad & Ors [1975] INSC 291 (26 November 1975)

Judgement Date : november/1975, Citation : 1975 Latest Caselaw 289 SC

Section 3 of the Kosi Area (Restoration of Lands to Raiyats) Act. 1951, provides for the restoration to former raiyats by the Collector, on his own motion or otherwise, of lands which were sold for arrears of rent or from which they were ejected for arrears of rent or which were treated as abandoned.

Mangu Ram Vs. Municipal Corporation of Delhi [1975] INSC 263 (10 October 1975)

Judgement Date : october/1975, Citation : 1975 Latest Caselaw 261 SC

The respondent sought special leave to appeal to the High Court under s. 417(3) of the Code of Criminal Procedure, 1898 against the acquittal of the petitioner by the trial court. The application was made beyond the period of limitation but the High Court condoned the delay under s. 5 of the Limitat.

New India Insurance Co. Ltd. Vs. Smt. Shanti Misra [1975] INSC 262 (10 October 1975)

Judgement Date : october/1975, Citation : 1975 Latest Caselaw 260 SC

Section 110A(3) of the Motor Vehicles Act, 1939 before its amendment in 1970, provided that no application for compensation arising out of an accident of the nature specified in s. 110(1) shall be entertained by the Claims Tribunal unless it is made within 60 days of the occurrence of the accident.

Vulcan Insurance Co. Ltd Vs. Maharaj Singh & ANR [1975] INSC 236 (3 October 1975)

Judgement Date : october/1975, Citation : 1975 Latest Caselaw 234 SC

The respondent-insured, claimed from the appellant- insurer a certain sum on the basis that he had suffered loss due to fire. The appellant repudiated the claim under cl. 13 of the policy. The respondent thereupon wrote to the appellant suggesting arbitration on the dispute as per cl. 18 of the p.

D. Cawasji & Co. Vs. The State of Mysore & ANR [1974] INSC 216 (29 October 1974)

Judgement Date : october/1974, Citation : 1974 Latest Caselaw 214 SC

The appellants paid certain amounts to the government as excise duty and education cess for the years 1951-52 to 1965-66 in one case and from 1951-52 to 1961-62 in the other. The High Court struck down the provisions of the relevant Acts as unconstitutional. In writ petitions before the High Court c.

Hukumdev Narain Yadav Vs. Lalit Narain Mishra [1973] INSC 253 (21 December 1973)

Judgement Date : december/1973, Citation : 1973 Latest Caselaw 253 SC

Under s. 80A of the Representation of the People Act. 1951, the High Court is given jurisdiction to try election petitions. Section 81 Prescribes the period of 45 days from the date of the election of a returned candid-ate as the period within which an election petition calling in question any elect.

Sakal Deep Sahai Srivastava Vs. Union of India & ANR [1973] INSC 216 (27 November 1973)

Judgement Date : november/1973, Citation : 1973 Latest Caselaw 216 SC

The appellant, who was Assistant Office Superintendent, was promoted as Office Superintendent but immediately thereafter was reverted after issuing a charge sheet but without holding an enquiry. He, however, continued to perform the duties of Office Superintendent. A few months later charges against.

Turner Morrison and Co., Ltd. Vs. Hungerford Investment Trust Ltd. [1972] INSC 70 (9 March 1972)

Judgement Date : march/1972, Citation : 1972 Latest Caselaw 70 SC

The rule of estopple has gained new dimensions in recent years and a new class of estoppel, viz., promissory estoppel has come to be recognised by Courts. Where parties enter into an agreement which is intended to create local relations between them and in pursuance of such arrangement on a party ma.

State of Madhya Pradesh Vs. M/S. Saith & Skelton (P) Ltd. [1972] INSC 32 (28 January 1972)

Judgement Date : january/1972, Citation : 1972 Latest Caselaw 32 SC

Disputes having arisen between the appellant and the respondent with reference to the performance of a contract which provided for arbitration, steps were taken to appoint arbitrators and an umpire. The appellant filed a petition in the District Judge's Court, having jurisdiction over the matter.

State of West Bengal Vs. Administrator, Howrah Municipality & Ors [1971] INSC 346 (14 December 1971)

Judgement Date : december/1971, Citation : 1971 Latest Caselaw 346 SC

In certain land acquisition references the District Judge passed an order in 1963 awarding compensation to be paid by the appellant to the first respondent. When the first respondent levied execution the appellant filed objections on Aug" 27, 1964, under s. 47, Civil Procedure Code, but the obj.

Panchshila Industrial Co-Opera-Tive Societies Vs. Gurgaon Central Co-Operative Bank Ltd. Gurgaon [1971] INSC 181 (6 August 1971)

Judgement Date : august/1971, Citation : 1971 Latest Caselaw 181 SC

The respondent bank is a co-operative society governed by the Punjab Co-operative Societies Act, 1961. A dispute between the bank and the appellant, one of its members, was referred by the Registrar of Co-operative Societies, in exercise of the powers vested in him by s. 55 of the Act, to the Deputy.

Asstt. Registrar of Companies, West Bengal Vs. Standard Paint Works (P) Ltd. & Ors [1971] INSC 64 (1 March 1971)

Judgement Date : march/1971, Citation : 1971 Latest Caselaw 64 SC

The appellant filed complaints before the Chief Presidency Magistrate alleging that the officers of the respondent had committed an offence under the Companies Act, 1956. They were acquitted on April 4, 1968. On July 1, 1968, appeals were filed in the High Court by the appellant (cornplanant) but th.

Lalji Raja & Sons. Vs. Firm Hansraj Nathuram [1971] INSC 62 (23 February 1971)

Judgement Date : february/1971, Citation : 1971 Latest Caselaw 62 SC

The appellants obtained a decree against the respondent in the court of Sub-Judge, Bankura (West Bengal) on December 3, 1949. On March 28, 1950 they applied to the court which passed the decree to transfer the decree with a certificate of non-satisfaction of the court at Morgan in the then State of.

Prem Lata Agarwal Vs. Lakshman Prasad Gupta & Ors [1970] INSC 102 (23 April 1970)

Judgement Date : april/1970, Citation : 1970 Latest Caselaw 102 SC

The first respondent, in 1938, obtained a decree against the appellants branch of a joint family, and in 1941, commenced proceedings for the execution of the decree in Allahabad. Meanwhile, in 1939, a final decree had been passed in a suit for partitioning the family properties among the members.

Dindyal & ANR Vs. Rajaram [1970] INSC 94 (17 April 1970)

Judgement Date : april/1970, Citation : 1970 Latest Caselaw 94 SC

The defendants were the grandsons of G's brother between whom and G there had been division of Hindu undivided family property. G died in 1920 and his widow L entered into possession of his property, namely, land held in tenancy in the former Central Provinces. In 1936 L made a gift of the prope.

D. P. Mishra Vs. Kamal Narayan Sharma & ANR [1970] INSC 64 (13 March 1970)

Judgement Date : march/1970, Citation : 1970 Latest Caselaw 64 SC

The first respondent challenged the appellant's election on the ground that he had committed various corrupt practices at the election held in June, 1963. The Election Tribunal negative the allegations of corrupt practices and dismissed the petition. The High Court allowed an appeal under S.

Nityananda M. Joshi & Ors Vs. Life Insurance Corporation of India & Ors [1969] INSC 125 (25 April 1969)

Judgement Date : april/1969, Citation : 1969 Latest Caselaw 125 SC

The appellants (employees of the respondent) filed applications against the respondent, under s. 33C(2) of the Industrial Disputes Act, 1947, for computing in terms of money, the benefit of holidays, and for recovering the amount. The Labour Court dismissed the applications insofar as the claim was.

Management of State Bank of Hyderabad Vs. Vasudev Anant Bhide [1969] INSC 121 (24 April 1969)

Judgement Date : april/1969, Citation : 1969 Latest Caselaw 121 SC

The appellant-Bank and its employees were parties to the Sastry and Desai Awards published on March 26, 1953 and June 13, 1962 respectively. The two awards provided for the grant of allowance to head cashiers and a special allowance to supervisors when a person falls in the category of a supervisor.

Town Municipal Council, Athani Vs. Presiding Officer, Labour Court, Hubli & Ors [1969] INSC 86 (20 March 1969)

Judgement Date : march/1969, Citation : 1969 Latest Caselaw 86 SC

Applications, in which the claim of the workmen of the appellant for computation of their benefit in respect of over-time work and work done on weekly off-days, were entertained by the Labour Court, under s. 33C(2) of the Industrial Disputes Act, 1947. The Labour Court computed the amounts due to th.

Tilokchand Motichand & Ors Vs. H.B. Munshi & ANR [1968] INSC 289 (22 November 1968)

Judgement Date : november/1968, Citation : 1968 Latest Caselaw 289 SC

The sales tax authorities directed that the sum realised as sales tax by the petitioners from their customers and paid over to the State should be refunded to the petitioners on condition that the petitioners passed on the amounts to their customers. Since the petitioners did not fulfil the conditio.

K. Venkateswara Rao & ANR Vs. Bekkam Narasimha Reddi & Ors [1968] INSC 188 (13 August 1968)

Judgement Date : august/1968, Citation : 1968 Latest Caselaw 188 SC

The election of the first respondent to the Andhra Pradesh Legislative Assembly at the General Election hold in 1967 was challenged by the appellants in an election petition. Various corrupt practices were alleged appellants to have been committed by the first respondent, his agents and supporter.

Nair Service Society Ltd. Vs. Rev. Father K. C. Alexander & Ors [1968] INSC 39 (12 February 1968)

Judgement Date : february/1968, Citation : 1968 Latest Caselaw 39 SC

After a case under the Travancore Land Conservancy Regulation IV of 1094 M.E. the plaintiff was evicted from 160 acres of Poramboke land.Thereafter in August 1938 the appellant Society applied for a Kuthakapattom lease of this area which was granted and the Society entered into possession in July 19.

Ram Prasad Dagduram Vs. Vijay Kumar Motilal Mirakhanwala & Ors [1966] INSC 105 (18 April 1966)

Judgement Date : april/1966, Citation : 1966 Latest Caselaw 105 SC

The appellant executed a mortgage in 1934 in favour of the proprietrix of a firm in the State of Hyderabad. The mortgage amount became due in 1943. The first respondent, who was the daughter's son of the mortgagee, claiming to be her adopted son. filed a suit for foreclosure of the mortgage, in.

Sri Sarangadevar Peria Matam & ANR Vs. Ramaswamy Gounder [1965] INSC 193 (23 September 1965)

Judgement Date : september/1965, Citation : 1965 Latest Caselaw 193 SC

The mathadhipathi of the, appellant math granted a perpetual lease of the math properties, at a fixed rent to the predecessor of the respondent in 1883, but without any legal necessity. The mathadipathi died in 1915. From 1915 there was only a de facto manager of the math for 20 years. In 1939, the.