CiteTEXT
...whether a partial stay of execution of the decree like the one in question staying sale of the attached property is within sub-section (1) of Section 15 of the Limitation Act, 1908 so as to entitl...entitled to exclusion of the period from August 16, 1940 to November 24, 1944 under Section 15(1) of the Limitation Act for computation of the period of 12 years prescribed under Section 48 of the...properties did not have the effect of making the decree inexecutable and therefore Section 15(1) of the Limitation Act was not attracted. He understood the decision of Grille, C.J and J. Sen, J. in...
...and 183 of the old Limitation Act. (See Lalji Raja v. Hansraj Nathuram (...Section 15(1) of the old Limitation Act.16. The substance of Section 48, thus, continues to be the law. It is also trite that the provisions of the Code of Civil Proced...of execution. All processes and proceedings in aid to or supplemental to execution would come within the meaning of the word “execution” within the meaning of Section 15(1) of the Limitation Act. (See...
...30thAugust, 2003 was well within the period of limitation as stipulated under Article 134 of the Limitation Act, 1963. It was contended that in terms of Section 15(1) of the ...the question is left open.
12. The High Court mainly considered the applicability of Section 15(1) of the Limitation Act to arrive at the conclusion that the application...for delivery of possession was barred by limitation. The High took the view that application under Order XXI Rule 95 C.P.C. does not attract Section 15(1) of the Limitation Act and consequently th...
...1. The question referred for decision may be stated thus : "Is Section 48, Civil P.C., uncontrolled by the provisions of section 15, Limitation Act?" The...cases for which provision is made later in the Section. Section 15, Limitation Act, is in these terms:
(...Section 15, Limitation Act. In the decision of the matter referred to this Bench therefore two questions fall to be considered : ...
...Bench of the Madras High Court which while dealing with section 48 C.P.C and Section 15(1), Limitation Act held that the expression ‘prescribed’ in Section ...the strict sense, the period fixed by Sec. 48 C.P.C must be deemed to have become a part of Limitation Act by a process of incorporation in Articles 181 and 182, that whether the word ‘prescribed’ in ...Limitation Act, it may be noted that none of the cases are decided in relation to Sec. 48 C.P.C Out of the two Full Bench cases of the Madras High Court, the case of K...
...Act.6. On behalf of the Decree-holder however reliance is also placed on the provisions of Section 15 of the Limitation ..., 1940 which came into force in January, 1941. The words ‘period of limitation prescribed’ in Section 15(1) of the Limitation Act have been considered by a Full...Section 15 of the Indian Limitation Act, or does it prescribe an absolute prohibition of an entertainment of a fresh execution application beyond twelve years from the date of the decree subject only to th...
...section 15 of the Limitation Act this period ought to be deducted from the period of limitation, and that, if that period ...Limitation Act the appellant is clearly entitled to have this time excluded in computing the period of limitation in this case. The lower appellate Court, while dealing...was made against the defendant and the surety. The present application was made on the 12th of August 1911. The judgment-debtor objected to the application on the ground of limitation. In both the...
...is regarding the starting point of limitation under Art. 134 and the second is whether exclusion under Section 15(1) of the Limitation Act, 1963 is available in the inst...case.6. I will first deal with the applicability of Section 15(1) of the Limitation Act to the present proceedings. Section 15(1) of the ...provided by Art. 134. This being the position, though the exclusion under section 15(1) is not available in such a case, the starting point of limitation itself would be the day on which the appeal filed...
....9. Mr Viswanatha Sastri who appears for the appellants in these appeals has raised only two contentions. The first is that the principle underlying Section 15(1) of the Limitation ...stayed. For, during this period it would be incompetent to the decree-holders to execute their decrees. Such period could therefore be deducted by applying the principles underlying Section 15(1) of the Limitation ..., they would have laid themselves open to suits for damages at the instance of the defendants if they had proceeded to execute their decrees within this period. Section 15(1) of the Limitation Act runs...
...30thAugust, 2003 was well within the period of limitation as stipulated under Article 134 of the Limitation Act, 1963. It was contended that in terms of Section 15(1) of the ...for filing the application under Order XXI Rule 95 C.P.C. and the question is left open.
12. The High Court mainly considered the applicability of Section 15(1) of the Limitation ...attract Section 15(1) of the Limitation Act and consequently the period during which order of stay of execution granted by the revisional court cannot be taken into consideration. The High Court further...
...Section 15(1) of the Limitation Act cannot come to the aid of the respondent for saving limitation. Reliance has been placed on the decisions in Kirtyanand Singh v. Pirthichand La...). Since the decree was passed in 1962, the period of limitation for its execution must be held to have expired before 1976, unless saved by Section 15(1) of the Limitation ...contended by the decree-holder. The question therefore, to be decided in this case is as to whether Section 15(1) of the Limitation Act, which is in the following terms, is...
...submitted before us on behalf of judgment-debtor-appellants that Section 15 of the Limitation Act was not applicable inasmuch as th...decree for the application of Section 15(1) of the Limitation Act. In our opinion the Court below has been right in holding that Section 15(...on the view that the time spent in pursuing the application under the U.P Encumbered Estates Act has to be excluded under Section 15 of the Limitation Act read with Section 9(5)(...
...proceedings under any law has to be applied prospectively on or after 1-4-1989 when the said amendment was introduced to sub-section (1). The provision in sub-section (1) therefore can have only prospectiv...amendment to sub-section (1) would enable the authorities to reopen assessments, which had already attained finality due to bar of limitation prescribed under Section 149 of the Act as applicable prior...Section 18 of the Land Acquisition Act, the learned Additional District Judge, Delhi vide his judgment dated 31-7-1991 awarded a sum of Rs 1,10,20,624. The amount was paid to the appellant between 15-10...
...judicial proceedings were pending, namely, 28-1-1978 to 24-11-1983 should be excluded in view of the principle laid down under Section 15 of the Limitation Act. On 19-6-1986 by the judgment and order...application under Section 11 of the Arbitration Act, 1940 (hereinafter called “the Act”) before the learned Munsif, Arambagh being Misc. Case No. 74 of 1977. The Appellants 1 to 4 filed an application...four months from the date of its execution. Section 25(1) of the Registration Act provides that if, owing to urgent necessity or unavoidable accident, any document executed, or copy of a decree or order...
...Section 15(1) of the Limitation Act for computation of the period of 12 years prescribed under Section 48 of the Code of Civil Procedure in th...Bench of the Madhya Pradesh High Court which answered the same in the affirmative.7. The Full Bench held that the Limitation act like any other enactment must receive a construction which the language in its plain me...there is no justification for placing a rigid construction on a beneficent provision like Section 15(1) of the Limitation Act. It is not necessary for us to go into the...
...the administration suit or in the suits of the defendants against the estate of the debtor, section 15 of the Limitation Act could ...section 15 of the Limitation Act, 1908 was said to have been passed, the period of limitation cannot be arrested or the ti...upon section 15 of the Limitation Act. The Supreme Court ultimately held as hereunder:-“The next...
...attempt by way of inviting the attention of the Court to the provision of Section 15(1) of the Limitation Act, 1963 as well as the provision of Order 41..., Rule 5 of the Code of Civil Procedure, 1908. Section 15(1) of the Limitation Act, 1963 reads as follows:“In computing the period of limitation for any Suit or applicatio...cannot attune the provision of Section 15(1) of the Limitation Act, 1963 and also the provision of Order 41, Rule 5 of the Code of Civil Procedure, 1908.18...
.... Somiah , the Supreme Court has in terms considered the question, whether the principle underlying Section. 15(1) of the Limitation Act, 1908, can be extended by...provisions of Section 15(1) of the Limitation Act by analogy and that has been done by invoking the aid from the decision of the Madhya Pradesh High Court to which I will make...Section 15(1) of the Limitation Act is applicable to a case of this kind and that, therefore, the execution applications are within time.... According to Mr. Sastri the composit...
...(1.) This appeal, which arises out of execution proceedings for the realisation of money, involves mainly the question as to the applicability of section 15 (1) of the ...stay should have been passed by the Court having jurisdiction to entertain the proceeding in which the order for stay was passed. (2) In order that section 15 (1) of the Limitation ...-1944.
(4.) It is not disputed that if this order of stay be taken to be sufficient to attract the application of section 15 (1) of the Limitation Act then...
...due by Shiddappa Mali came to be disposed of. And Mr. Swami's contention is that he is entitled to exclude that period by virtue of section 15(1) of the Indian Limitation Act (...of the decree is stayed, then the decree holder having been prevented from executing the decree, will be entitled to exclude that period under the provisions of Section 15(1) of the Indian ...stay so as to exclude the period covered by the stay under section 15(1) of the Limitation Act. The provisions of rule 53(1) are as follow:“Where the...