CiteTEXT
...day after the summer vacations are over and Rs. Nos. 2 and 3 be kindly directed to grant the needed approval as per Article 130 of the Constitution and extend all such funds as may be required to meet...130 of the Constitution. It has also been urged that since the reliefs sought by the petitioners in the writ petition cannot be granted by the High Court in exercise of its jurisdiction under Article...to the parties impleaded as respondents therein. The petitioners have, on the other hand, urged that the writ petition raises triable issues regarding the interpretation of Article 130 of the...
.... Even where a provision has been made for holding Benches of the High Court or Supreme Court as for example Article 130 of...India may, with the approval of the President, from time to time, appoint.”The submission of the petitioners is that under Article 130 a mandatory duty has been cast on the Chief...on the Chief Justice of India under Article 130 is justiciable and is subject to judicial review by the Courts. Reliance has been placed on the observations in the majority judgment of Verma J. [as the...
...??? at the suit was barred by reason of ??? a provisions of Section 109 of the Ben. Ten. Act; ??? secondly, that it was barred by the ??? of limitation to be found in Article 130 ??? Schedule to the...not bar the landlord's right to have the rent assessed and to recover rent from his tenant. We are of opinion that unless and until this tenure is found to be a rent free tenure, Article 130, Lim...
...principle was acknowledged as a binding principle of law as it was incorporated in European Community law through the enactment of the Single European Act, 1987. Article 130 R. 2 of the 1992 Maastricht..., learned Senior Counsel appearing for M/s Span Motel Private Ltd., has contended that though it is open to the Court, in proceedings under Article 32 of the Constitution, to grant compensation to the...specially under Article 32 or 226 of the Constitution either by this Court or the High Court as imposition of fine would be contrary to the provisions contained in Articles 20 and 21 of the Constitution. It...
..., Article 130 provides as follows:Description of application
Period of limitation
Time from which period begins to run.
For leave to appeal as a pauper
(a) to the High Court..., Article 130 of the new Limitation Act would apply and the application should be taken to have been made in time.6. The point is interesting and requires careful...into force the petitioners are entitled to have the benefit of the new Limitation Act and may present their application within the time prescribed under Article 130 of the Limitation Act, 1963...
...rate of payable by the defendant. Both the lower Courts have ??? the suit as barred by Article 130, Schedule II, Act of 1877 (Limitation Act).The lower...
...1. The question involved in this appeal is one of limitation under Article 130 of the second schedule of Act XV of 1877; and it arises in this way...and tenant. Mr. O'Kinealy further contended that the land having been already declared to be mal, Article 130 of the Limitation Act had no application. And he relied upon...Appellate Court, holding that the plaintiff's claim was barred under Article 130 of the Limitation Act. The facts of that case were very similar to this, and we may say that we...
...under Article 130 of the Schedule to the Indian Limitation Act; and, secondly, that rent should not have been decreed for a period antecedent to the assessment....
4. As regards the first question, our attention has been invited to Article 130 which prescribes that a suit for the resumption or assessment of rent-free land must be instituted within twelve years...Kamini Sundari Chowdhurani v. Abdul Halim 47 Ind. Cas. 420 : 28 C.L.J. 254 that Article 130 can have no application, unless and until the land...
...death, that possession must be regarded as adverse to the Talukdar. His right to resume or to assess the land is, consequently, barred by Act IX of 1871, Section 29, and Article 130, Schedule...
..., schedule II, article 130; and that the Civil Court had no jurisdiction to assess the rent of a tenure alleged to have existed from before 1790.Baboo Huree Mohun Chuckerbutty...
...the Law Commission in its 229th report and he opined that amendment to Article 130 was impermissible as this would change Constitution of the Supreme Court completely. Thus the representation stands...Petition filed under Article 226 of the Constitution of India praying for the issue of a writ mandamus...
...Act does not specifically use the word “first” in article 181 as it does, e.g, in article 130 or article 131. And it seems to me that to read the word “first” into article 181...Sub-Judge of Tuticorin. This is a second appeal by the first judgment-debtor.It is common ground that the article in the Limitation Act which applies to this case is 181, and that time...it the moment any default should occur.The authorities which have been brought to my notice in this matter of the interpretation of article 181 where periodical payments have to be made...
...provisions in Article 130 as to where the Supreme Court shall sit, no such provision is made as to where the President of India shall reside or exercise his executive power vested in him. Article 231 of..., 1954, in an application under Article 32(2-A) of the Constitution for issue of a writ, directions or order against the Union of India, through the Secretary, Ministry of Defence, New Delhi, as the...contravention of Article 16(1) of the Constitution.3. The petition was opposed on behalf of the respondents aforesaid on a number of preliminary grounds of which it is only...
...is barred by limitation under Article 130 of the Limitation Act.
10. Now, the Munsif was no doubt wrong in taking the entry in the Record of Rights as the...the evidence. Until the evidence afforded by the entry is found to have been rebutted, Article 130 can have no application because the suit is not a suit "for the resumption or assessment of rent...-free land" within the meaning of the Article. It is a suit for the assessment of land presumably liable to be assessed. In that state of things the circumstance that rent has not in fact been paid for...
...also occurs in Article 130. Other Articles however refer to "immoveable property" viz., Articles 39, 109, 111, 132, 134, etc. We do not think it...High Court, In which the learned Judges construed the term "land" occurring in Article 125, Limitation Act, as including a "house", or at any rate, the site on which a...408 (E). We do not think it proper to take into consideration any of these decisions which were concerned with a construction of Article 125. It is true that the word "land" occurs in that article. It...
...Article of the Indian Limitation Act held to be applicable was Article 130. That appears from a consideration of the...Article 130, and must necessarily have been filed within twelve years from the date when the right to assess first accrued. Now ex hyopothesi the right would have accrued upon the death of the grantor, and...adverse to the Taluk dar. His right to resume or to assess the land is, consequently, barred by Act IX of 1871, Section 29, and Article 130, Schedule II.
16...
...will be observed that in the case last cited, the article of the limitation act held to be applicable was Article 130. That appears from a consideration of the Report as a whole, but it is not so...specifically set out in the judgment. It appears that a suit by the defendant to levy assessment upon these lands, which have been rent-free lands, falls under Article 130, and must necessarily have been...resume or to assess the land is, consequently, barred by Act IX of 1871, section 29, and Article 130, Schedule II.”That is to say, that the right must be held to...
...Treaty contained a permanent financial obligation, the effect of which was that the Treaty had to be laid before Parliament and its terms approved as required by article 130 of the...expended during that financial year, otherwise than by way of expenditure expressly charged on the Consolidated Fund by the Constitution or by statute: article 130(1), read with the definition of "statutory...expenditure" in article 130(7)(b). From time to time, in case of necessity, the Minister may cause supplementary estimates to be prepared which are laid before and voted on...
...presumption of correctness attaching to the record.5. The learned vakil for the defendant has relied in support of the District Judge's judgment upon Article 130, Sch. 2...land first accrues. But the obligation to pay rent is a recurring obligation accruing daily in favour of the landlord. In my opinion Article 130 has no concern with the circumstances of the present..., Lim. Act. That article provides a period of limitation of twelve years for the resumption or assessment of rent-free land the period running from date when the right to resume or assess the...
...general director and the members of the board of management shall be signed on behalf of the company by the person authorized by the general body of share-holders. Article 130 provides that the powers...Article 130 of the articles of association of the company empowers only the shareholders of the company to terminate the powers of the board of management and the general director. This is a....The general director was to be elected at the suggestion of the Russian Group. Article 127 of the Articles of Association provides that the labour contract with the...