INDIAN LIMITATION ACT

1SANT LAL MAHTON Vs. KAMALA PRASAD.Coram: MUKHERJEA, B.K.17/10/1951Indian Limitation Act (IX of 1908), s. 20 (1)--Payment of interest before expiry of period of limitation--Acknowl- edgment in writing after limitation--Whether gives fresh period of limitation-Acknowledgement after institution of suit, whetWhile s. 20 of the Limitation Act requires that the payment should be made before the expiration of the period of limitation, it does not require that the acknowledgement of the payment should also be made within that period. But it isClick here to see Subject, Head Notes, Citation and Judgement
2MERLA RAMANNA Vs. NALLAPARAJU AND OTHERS.Coram: AIYYAR, T.L. VENKATARAMA04/11/1955Court, Power of-Suit to set aside sale held in excessive execution of the decree-Maintainability-Plaint, if may be treated as an execution application-Limitation-Inherent jurisdiction of court to whose jurisdiction the subject- matterThe appellant was the assignee of a mortgage dated 14-12- 1911, executed by A, which comprised. lands belonging to the mortgagor and also a mortgage executed by the respondents in his favour on 19-7-1909. The appellant instituted a suit in the cClick here to see Subject, Head Notes, Citation and Judgement
3NAGUBAI AMMAL & OTHERS Vs. B. SHAMA RAO & OTHERS.Coram: AIYYAR, T.L. VENKATARAMA26/04/1956Lis pendens, Scope of-If prevents passing of title as between the transferor and the transferee-Nonjoinder of Receiver in insolvency in the execution proceeding-Effect- Transferee pendente lite, if entitled tThe appellants as defendants in a suit for declaration of title to certain building sites sought to resist the respondents' claim, arising by purchase from a purchaser in a sale in execution of a mortgage decClick here to see Subject, Head Notes, Citation and Judgement
4SIRAJUL HAQ KHAN & OTHERS Vs. THE SUNNI CENTRAL BOARD OF WAQF,U. P. & OTHERSCoram: GAJENDRAGADKAR, P.B.16/09/1958Waqf-Suit against Central Board - Notice--Limitation-United Provinces Muslims Waqf Act (U. P. XIII of 1936), ss. 5, 53- The Indian Limitation Act (IX of 1908), s. 15.The respondent No. 1, a Central Board constituted under the United Provinces Muslims Waqf Act, 1936, by a notification under s. 5(1) Of the Act dated February 26, 1944, took into' management the properties of a Darga Sharif and on October 18, 194Click here to see Subject, Head Notes, Citation and Judgement
5BALKRISHNA SAVALRAM PUJARI AND OTHERS Vs. SHREE DNYANESHWAR MAHARAJSANSTHAN & OTHERS.Coram: GAJENDRAGADKAR, P.B.26/03/1959Limitation-Suit for Possession of Sansthan by hereditary worshippers on ouster by trustees-Period of limitation- Trustees, if in possession adversely to Plaintiffs-Ouster, if a continuing wrong-Indian Limitation Act, 1908 (9 of 1908),The appellants who were the hereditary worshippers, called Guravs, of the Shree Dnyaneshwar Sansthan of Alandi, claimed to be its owners. The respondents as trustees of the said Sansthan dismissed eleven of the Guravs in 1911, served a noticeClick here to see Subject, Head Notes, Citation and Judgement
6RM.NL. RAMASWAMI CHETTIAR AND OTHERS Vs. THE OFFICIAL RECEIVER, RAMANATHAPURAM Art MADURAI & OTHERSCoram: SARKAR, A.K.28/08/1959Insolvency--Decree-holder assigning decree-Adjudication as insolvent on ground of assignment being fraudulent preference-Whether upon adjudication decree vests in official Receiver-Orderannulling assignment-ifOn May 91 1935, one V obtained a decree against R and later assigned the same in favour of his mother M. M made an application for an order recognizing her as the assignee and for 617 execution which was disposed of on September 27, 19Click here to see Subject, Head Notes, Citation and Judgement
7UNION OF INDIA Vs. AMAR SINGHCoram: SUBBARAO, K.28/10/1959Contract-Implied contract of bailment--Goods entrusted to Pakistan Railway for delivery in India-Pakistan Railway handing over goods to Indian Railway-Loss of goods-Liability of Indian Railway to consignor-LimitaThe respondent booked certain goods on September 4, 1947, with the N. W. Railway at Quebec in Pakistan to New Delhi. The wagon containing the goods was received at the Indian border station of Khem Karan on November 1, 1947, duly sealed aClick here to see Subject, Head Notes, Citation and Judgement
8MST. RUKHMABAI Vs. LALA LAXMINARAYAN AND OTHERSCoram: SUBBARAO, K.17/11/1959Hindu Law-joint family-Partition-Admissions of members accepting Partition, value of-New point-When can be allowed to be raised-Suit for declaration of deed as sham- -Right to sue, when accrues-Limitation-Specific Relief Act, 1877, (1 of 1877)A joint Hindu family which was heavily indebted owned extensive properties and business. In 1915 certain members of the family including one Govindprasad executed a registered deed of relinquishment in favour of another member.Click here to see Subject, Head Notes, Citation and Judgement
9JAGAT DHISH BHARGAVA Vs. JAWAHAR LAL BHARGAVA & OTHERSCoram: GAJENDRAGADKAR, P.B.05/12/1960Appeal--Decree not Prepared--Appeal filed without copy of decree--Competency of--Subsequently decree prepared and copy filed--Limitation--Code of Civil Procedure, 1908(V of 1908) 0. 41, r. 1--Indian Limitation Act, 1908 (IX of 1908) s. 12(2).The respondents filed a suit for specific performance against the appellant which was dismissed on March 12, 1954. On March 24 the respondents made an application for a certified copy of the judgment and decree. The decree was not dClick here to see Subject, Head Notes, Citation and Judgement
10GOVERNOR GENERAL IN COUNCIL Vs. MUSADDI LAL.Coram: SHAH, J.C.31/01/1961Railway---Non-delivery of goods--Suit for compensation for non-delivery, if distinct from compensation for loss, destruction' or deterioration--Notice of claim for compensation, if condition precedent--Limitation from when to run--IThe respondent served on the Railway Administration a composite notice under s- 77 of the Indian Railways Act and under s. So of the Code of Civil Procedure and sued for price of goods and for loss on account of nondelivery. The claimClick here to see Subject, Head Notes, Citation and Judgement
11C.MOHAMMED YUNUS Vs. SYED UNISSA AND OTHERSCoram: SHAH, J.C.14/02/1961Muslim law-Religious endowment-Surplus income to be dis- tributed amongst the members of the family-Claim by females- If governed by custom or personal law-Muslim Personal Law (Shariat) Application Act, 1937 (26 of 1937), as amended by Muslim PUnder a scheme a Board of Trustees was appointed for administration of the Durga and a Masjid for the maintenance of which the Nawab of Carnatic had granted two villages in Inam. The income of the institution after disbursing the expensesClick here to see Subject, Head Notes, Citation and Judgement
12DEVIDAS AND OTHERS Vs. SHRISHAILAPPA AND OTHERS.Coram: SHAH, J.C.21/02/1961Mortgage-Non-joinder of Parties-Proper, but not -necessary, added beyond limitation-Suit instituted on behalf of joint family-Plaintiff not described as manager in the plaint- Maintainability of suit-Indian Limitation Act, 1908 (9 of 1908), sThe manager of an undivided Hindu family consisting of himself, his brother and their step-mother, instituted a suit for recovery of the amount due under a mortgage belonging to the family. The step-mother who was interested in thClick here to see Subject, Head Notes, Citation and Judgement
13KHAN BAHADUR SHAPOOR FREDOOM MAZDA Vs. DURGA PROSAD CHAMARIA AND OTHERSCoram: GAJENDRAGADKAR, P.B.01/03/1961Limitation-Computation of fresh Period of limitation-Letter written by mortgagor to mortagee-If acknowledgment of liability Indian Limitation Act, 1908 (9 of 1908), s. 19.In a mortgage suit brought by him, the respondent 1, the mortgagee, pleaded that limitation was saved by a letter written to him by the mortgagor, the respondent 2, which amounted to acknowledgment under s. 19 of the Indian LimitaClick here to see Subject, Head Notes, Citation and Judgement
14K. S. NANJI AND COMPANY Vs. JATASHANKAR DOSSA AND OTHERSCoram: SUBBARAO, K.22/03/1961Limitation-Encroachment on coal lands-Suit for damages on ascertainment of boundary-Knowledge of encroachment--Burden of proof-Indian Limitation Act, 1908 (9 of 1908), art. 48- Indian Evidence Act, 1872 (1 of 1872), ss. 3, 101.The appellants and the respondents were owners of adjoining collieries and the suit out of which the present appeal arose was one brought by the respondents for certain reliefs on the allegation that the appellants had encroached upon their cClick here to see Subject, Head Notes, Citation and Judgement
15NILKANTHA SHIDRAMAPPA NINGASHETTI Vs. KASHINATH SOMANNA NINGASHETTI AND OTHERS.Coram: DAYAL, RAGHUBAR28/04/1961Arbitration-Award filed in court' Expression "give notice", meaning of-If must be given in writing-Period of limitation to file objections from when to run-Objection to set aside award filed beyond time-Court files the award-If amounts to refusaIn a partition suit the Arbitrator filed his award in the court and the judge adjourned the case for "the parties' say to the arbitrator's report." No notice in writing was given to the parties by the court of the filing of the award. ObjectClick here to see Subject, Head Notes, Citation and Judgemen

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