CiteTEXT
...holding it to be within time.6. Mr. D.D Thakur, learned counsel for the respondent has on the other hand, urged that the suit was governed either, by Article 86 or 119...Article 86 or 119 of the Limitation Act. The suit, in our opinion. Is governed neither by Article 86 nor by Article 119 but by Article 36 of...for any malfeasance, misfeasance, or non-feasance independent of contract and not herein specially provided for.
Two years
When the malfeasance, misfeasance or non-feasance takes place.
Article 86
For...
...was wrong in applying Article 86 of the Limitation Act to the present suit, in fact Article 119 was applicable under which the period of limitation is 6 years and that the...present suit was well within time. The question for consideration, therefore, is whether Article 86 Or Article 119 of the Limitation Act was the proper Article to be applied...to the present case. The suit was admittedly brought more than 3 years after the sum sought to be recovered had become due. Article 86 provides a period of 3 years for compensation for the breach of...
...continuing one and the limitation was to be computed from the date the breach ceased. It is profitable to reproduce Article 86 of the Limitation Act herein...it ceases.
8. Now question is from which date the period of three years prescribed by Article 86 of the Limitation Act are to be computed...halfheartedly that Article 86 of the Limitation Act was not applicable but Article 119 of the Limitation Act was applicable.
12.1 am of...
...direct recourse as against the insurance company, under the insurance policy effected by the first defendant with the second defendant. The plaintiff relied on article 86 (b...) of the limitation act and contended that, as the suit was instituted within three years from the date of the accident the suit is in time. Article 86 (a) relates to a suit on a policy of insurance.... article 86 (b) on which reliance is placed runs as follows : description of suit. Period of limitation. Time from which period begins tq run. On a policy of insurance when the sum...
...limitation under Article 22 of the Limitation Act. The learned trial court, however, thought that either Article 86 or Article 115 would apply. The...clear that Article 86 applies to a suit brought by the insured against an insurance company, and it does not apply to a suit by a third party either against the insured or the insurance company....
One year.
When the injury is committed.
86. (a) On a policy of insurance when the sum insured is payable after proof of the death has been given to or received by the insurers.
Three years.
(a...
...The short issue raised in the instant petition filed under Article 226 of the Constitution is whether the petitioner is liable to pay octroi under Entry No. 86...under Article 86, aluminum circles are being charged octroi as per article 92. The appellant company is manufacturing pressure cookers of various sizes. For manufacturing the pressure cooker vessels...appellant company buy these aluminum circles. There, the aluminum circles cannot be treated as sheets or bars defined under article 86. There are very much articles and, therefore, fit to be charged as per...
...view.5. The trial court has held that the plaintiff's claim was covered by Article 86 of the Limitation Act. That Article provides limitation in respect of...expressed above, the plaintiff's claim is clearly covered by Article 53 and as such, the question of the application of the residuary Article like Article 86 to it does not arise. The learned...limitation. But my view is that the appropriate Article applicable to the facts of the case is Article 86 of the Limitation Act and not Article 53 of the Limitation Act. The...
..., AIR 1962 j & k 12. article 86 of the jammu and kashmir limitation act corresponded exact to article 115 of the first schedule to the indian limitation act.... It was held by the Jammu and Kashmir High Court in that case that the word "compensation" used in Article 86 of the Jammu and Kashmir Act has wide meaning and it includes a...1. The question which has been referred for the consideration of this Full Bench is as follows:--
"On the facts of the present case which article of the limitation act...
..., including how many messages the President of India has sent to either House of Parliament under Article 86(2) of the Constitution of India in respect of the Bill pending in...the Parliament or otherwise since 2009 till date; how many Governors of the States having Scheduled Areas declared so by order of the President of India under Article 244(1), V...
.... Under article 86(a) of the First Schedule to the old Limitation Act, which governs this litigation, the position is that, the contention runs, from which the plaintiff cannot...starting point of limitation is that ‘liquid’ date when the goods ought to be delivered, there can a fortiori be no difficulty whatever in reckoning time from so certain a date in article 86(a): “The...date of the assured's death as June 6, 1959, the suit appears to be barred by a law, to wit, the 1908 Limitation Act: article 86(a) thereof. Therefore, the principle Gentle...
...appears Article 86 fixing a period of limitation in which a suit must be brought to recover compensation for damages caused by an injunction wrongfully obtained, the Article in...the present Act of 1908 being Article 42. The reason for the insertion of Article 86 in the Act of 1871 was obviously the decision in Nand Coomar Shaha's Case...the 13th of May 1910. Under Article 42 of the Indian Limitation Act, 1908, time begins to run from the date when the injunction ceases. Any right of suit that the...
...Rajya Sabha according to article 86(1) and 86(2) or to address the Parliament according article 86(2) of constitution. The matter is concerned to ban tobacco, to make rules...Speaker according article 86(1) and 86(2) of Indian constitution in interest of whole of the country and this message contain the contents of letter petition dated 17.5.2006...Sabha Member according to article 80(1)(a) of Indian Constitution. I want to know whether or not President of India has send message to Lok Sabha Speaker and Rajya Sabha...
...Chairman-cum-Managing Director and the Directors shall be entitled to be appointed whole time Directors. Article 86(c) provides that the Chairman-cum-Managing Director and...) and his services have been terminated by the Board of Directors in exercise of their powers under Article 86(c) The Articles of Association do not place any fetter on...K.N Singh and Gopinath, JJ.:— By means of this petition under Article 226 of the Constitution petitioner has claimed relief for issue of writ of certiorari...
...in toto to the court.
(16) Underbill's law of trusts and trustees, twelfth edition, article 86. The author stated that an action may be brought for the determination of the following...questions: "article 86 - right of trustee or beneficiary to take the directionofthecourtora judgeinrelationtospecific questions (1) (a) (i) any question arising in the execution of a trust (h) ; (ii...filed under article 227 of the constitution, challenging the above order.
(4) Sri k. V. Satyanarayana, learned counsel for the petitioner, advanced the following contentions: (1) that...
...other Article of the Limitation Act which, in our opinion, would apply to the present case would be Article 86 of the State Act (corresponding to 115 of State Act) which...their proper place.7. The learned Single Judge has started with the premises that Article 36, Limitation Act which lays down that for compensation for any...be forthwith stated that the learned Single Judge has missed the words “independent of contract” which occur in Article 36, Limitation Act. Obviously Article 36 will apply...
...appointed whole-time directors. Article 86(c) provides that the chairman-cum-managing director and the directors shall have the power to remove any whole-time director appointed...exercise of their powers under Article 86(c). The articles of association do not place any fetter on the power of the board of directors to remove a director from service. The...284.Article 84 of the memorandum and articles of association of National Textile Corporation (Uttar Pradesh) Ltd., provides for constitution of directors. Article 85 makes provision for...
...Article 86, Schedule 1, Limitation Act, and that inasmuch as the business was admittedly discontinued in 1941, the reliefs asked would accordingly have been barred. It is urged that as a suit...suggested that Article 86 of the Schedule 1 would apply, but it was observed as follows at page 15 of the report:
In our opinion Article 36 does not apply to this case. It may well be that...provisions of that Section could seldom be put in force if Article 36 of Schedule 11 of Act 15 [XV] of 1877 applied. The misapplication or misfeasance of that...
...provision in the policy of fire insurance was in contravention of section 28 of the Contract Act and Article 86 of the imitation Act and that it was opposed to public policy...Article 86, Limitation Act. I also hold that the clause is not contrary to public policy and does not defeat the provisions of any law.”17. In...
...Article 86 of the Limitation Act was applicable. Under this Article, for the compensation for the breach of any contract, express or implied, not in writing registered and not herein...
...through court would be barred by time. For payment of a sum payable after proof of death of the insured, Article 86 of the Indian Limitation Act prescribes a period of three...