CiteTEXT
...below on the ground that as per article 72 of Limitation Act, suit for compensation on account of negligence can be filed within one year from the date of accru...Limitation Act 1908 for computation for any other injury to the person limitation of one year was prescribed from the date when the injury is committed. In the ...Limitation Act 1963 is concerned, it is not for compensation for any injury to person. Therefore, learned Trial Court committed error in dismissing the suit holding it as barred by time by applying article ...
...the respondent, respondent has no cause of action against the revision petitioners. His next contention is that in view of Article 72 of the Limitation Act, 1963...Article 72 of Limitation Act, the suit is barred by time. The said Article 72 prescribes the period of limitation for filing of suit...provisions of 1949 Act or any other enactment, Article 72 of Limitation Act does not apply to the facts of this case. From the averments made in the p...
...appeal preferred by the defendant, inter alia, holding that the suit is barred by limitation relying upon Article 72 of the Limitation Act, 1963. The argument ...defendant, but claiming damages as a consequence of the illegal action of impounding of vehicle, therefore, it will be Article 91(b) of the Limitation Act, whic...Limitation Act, 1963 deals with claim for compensation for doing an act in pursuance of any enactment in force. The compensation contemplated by Article 72 includes...
...that the suit was barred by time as the period of limitation, as provided by Article 72 of the Limitation Act, 1963, was only one year and since the act complained of to...question of limitation. Article 72 of the Limitation Act, 1963 is quoted below:“Description of suit
Period of ...limitation
Time from which period begins to run
113. Any suit for which no period of limitation is provided elsewhere in this Schedule.
Three years
When the right to sue acc...
...whether Article 55 or Article 72 of the Limitation Act is applicable in view of the fact that appellant was a consumer who was supplied with electric energy pur...law in holding that the suit is barred by limitation under Article 72 of the Limitation Act. He further submits that the suit is governed under ...of the Limitation Act. The period of limitation is three years. The electricity line was disconnected on 17.12.86 and the suit was filed on 29.4.1988 Thus the suit is within the prescribed period ...
.... None appeared for the Respondents, though served.
4. Learned Counsel for Appellants contended that the trial Court has committed an error in applying Article 72 of the ..., Article 72 of the Limitation shall not apply to the instant case, but, the limitation will be governed by the Residuary Article 113 of the ...as a result of the wrongful act of the Defendant under Law of Torts. The alleged act of passing electric current in the wire fencing of the disputed field cannot be considered to be an ...
...appellant filed the suit on 23.10.2001, more than one year after accrual of cause of action. Article 72 of part VII of the Limitation Act pertains to s...the findings of the appellate court that the suit is barred by time keeping in view the provisions of Article 72 of the Limitation Act. Accordingly, the aforesa.... Article 72 states that the suit is to be filed within one year from the date when the act or omission takes place with regard to compensation for doing an act. The alleged tortious act was committed...
...the “English” year and that the year which is material is the year according to which the account has been kept.4. The object of Article 85, Indian Limitation Act, 1908, of...Limitation Act, 6 of 1100 is a copy was as pointed cut by Rankin, C.J, in — ‘Tea Financing...limitation. The plaintiffs and defendant are merchants, and the suit was for the balance due as per the account maintained in respect of the dealings between the parties.2. If the account can...
...??? 72 of the second Schedule to that Act, the period of three would begin to run from the time when the demand was ???. But the suit is brought under the Indian Limitation Act, ??? and by ...Limitation Acts altered, or professed to alter, the legal effect of promissory notes payable on demand. The legal effect of the ??? in this case was the same after the passing of the Act of 1877, ...the 1st of October ??? cause the period of limitation prescribed for a suit of this nature by the Indian Limitation ...
...after the filing of suit, that the suit itself was barred by limitation under Article 72 of Limitation Act and the claim for impleading the proposed party is a...drawn the attention of this Court, to the provision in Article 72 of the Limitation Act, which provides as under:
14. As contended by the learned couns...of "good faith" as contained in proviso to Section 21(1) of the Limitation Act,1963 which reads as follows:
"Effect of substituting or addition new plaintiff...
..., the compensation already granted can be said to be on lower side only and the plaintiffs are entitled for some more amount. On the question of limitation the learned Counsel would comment that neither ...hereby confirmed. It is needless to say that the grounds raised in the cross-objections are also liable to be rejected.
Point No. 3
14. The question of limitation was in fact argued even before the tr...of defendant was that the same would be governed by Article 72 of the Limitation Act and the limitation prescribed was only one year and as the suit was filed ...
...limited and is confined to the question whether Article 2 of the Indian Limitation Act or Article 49 there of applies. Article 2 of t...the Limitation Act, 1963 while Article 49 to Article 91 of the latter Act. It is not disputed on behalf of the respondents...that if Article 49 applies, the suit would be within time. It is appropriate to read the provisions of Articles 2 and 49:Article 2
“For compensation for doing or for omitting to do an act...
...and the present suit for damages for filed on 1-10-1971. It was contended before me that Article 72 of the Indian Limitation Act was applicable in this case and the...Limitation for the suit was only one year. Article 72 of the Limitation Act, 1963, prescribes a limitation of one year for compensation for doing or fo...to be in pursuance of any enactment in force for the time being in the territories to which this Act extends. The starting point of limitation is the time when the act or omission takes place.
...
...barred having been filed beyond the period of limitation prescribed under Article 72 of the Limitation Act, 1963; the suit had not been filed, signed and verifi...has held the suit to be time barred by invoking Article 72 of the Limitation Act under which the period of limitation for a suit for compensation “ for doing or...of limitation in the facts of this case cannot be said to be a question of law only as has been considered by the trial Court. The plaintiff had filed a suit for damages/compensation on the grounds which have been ...
...per Article 72 of the Limitation Act, 1963, the incident took place on 12-2-1984 and suit in question was filed on 21-8-1986, and therefore, the suit is barred by period ...it is assumed that Section 487 of the Act will not apply in the present case, then also the suit is barred under Article 72 of the Limitation Act, 1963 because...respondent. He further submitted that the learned Judge ought to have appreciated that instead of Article 72, Article 55 of the Limitation Act, 1963 would appl...
...considering the evidence of the parties, learned trial Court dismissed the suit on the ground of limitation by invoking the Article 72 of the Limitation Act.
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though the learned trial Court has believed the fact that the land and crops are damaged because of the negligence act ...
answered are that (i) whether the plaintiff is entitled to the damages as claimed for ? And (ii) whether the suit is hit by Article 72 of the Limitation ...
...of limitation by invoking the Article 72 of the Limitation Act.
3.5 Being aggrieved and dissatisfied with the impugned judgment and decree, the appellant i.... It is further pointed out that though the learned trial Court has believed the fact that the land and crops are damaged because of the negligence act of the respondent - defendant, however, the learned trial Court has com...that (i) whether the plaintiff is entitled to the damages as claimed for ? And (ii) whether the suit is heat by Article 72 of the Limitation Act, 1963 as observed by learned trial Court...
...the date of his disappearance.12. Now coming to the application of Article 72 of the Limitation Act we notice that the period of ...for compensation is one year from the date of the Act or the omission. In this case the act or omission which gave rise to the claim for compensation and referred to in Art. 72 of the ...the suit shall run from that date. It is contended that a suit for compensation in order to be within the time prescribed under Art. 72 of the Limitation Act ought to be...
....7. While answering issue No. 4, learned Civil Judge held that Article 72 of the Limitation Act is applicable for filing the suit which provides ...and they are neither necessary nor proper parties to the suit.14. The next question that arises whether Article 72 of the Limitation Act is applicable to...the suit at hand. Article 72 of the Limitation Act reads as follows:-“72 For compensation for doing or for omitting to do an act alleged to be i...
...of civil suits and the other in respect of petitions under Article 226 of the Constitution of India. Though there is no constitutionally provided period of limitation for petitions under ...72 of the Indian Contract Act if the appellants had filed a suit within the period of limitation; and that Section 17(1)(c) and Article 113 of the Limitation Act, 1963 w...mistake of law comes within mistake in Section 72 of the Contract Act; there is no question of any estoppel when the mistake of law is common to both the assessee and taxing authority. His Lordshi...