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Civil Court

This tag is associated with 5 posts

DRT – Recovery of Debts due to Banks and Financial Institutions Act, 1993 -whether a suit containing a “counter-claim” or claiming a “set-off” filed by a debtor can be heard and tried before the Debt Recovery Tribunal (hereinafter referred to as ‘DRT’) under the RDB Act or must be tried by a Civil Court alone. – Apex court held that there is a difference opinion between several Benches of this court – directed the registry to place the case before CJ = CIVIL APPEAL Nos.8973-8973 OF 2014 (Arising out of Special Leave Petition (C) Nos. 975-976 of 2012) Bank of Rajasthan Ltd. …. Appellant Versus VCK Shares & Stock Broking Services Ltd. …. Respondent = 2014 – Sept.Month – http://judis.nic.in/supremecourt/filename=41930

DRT – Recovery of  Debts  due  to  Banks  and  Financial  Institutions  Act,  1993 -whether a suit containing a  “counter-claim” or claiming a “set-off” filed by a debtor can be heard and tried before  the Debt Recovery Tribunal (hereinafter referred to as ‘DRT’) under the RDB  Act or must be tried by a Civil Court alone. – Apex court held that … Continue reading

Civil court has no jurisdiction against the properties covered under Securitisation Act. = Jagdish Singh …….. Appellant Versus Heeralal and others ……. Respondents – http://judis.nic.in/supremecourt/filename=40924

Civil court  has no jurisdiction against the properties covered under Securitisation Act.=          Section 13, as already indicated, deals with the  enforcement  of  the   security interest without the intervention of the court or tribunal  but  in   accordance with the provisions of the Securitisation Act.       22.   Statutory interest … Continue reading

NO INTEREST SHOULD BE GRANTED FOR A ERLIER PERIOD SPENT IN WRONG COURT ‘Actus Curiae Neminem Gravabit’ No interest should be awarded ONGC LTD. Vs. M/S. MODERN CONSTRUCTION AND CO. published in judis.nic.in/supremecourt/filename=40872

No interest shoudl be awarded – On presentation of a suit on the point of Jurisdiction after return under Or. VII, rule 10 C.P.C., Court should not grant interest from the date of filing of suit in earlier court as it is not presented on transfer. Hence any decree granting interest from the date of … Continue reading

Land Acquisition: Land Acquisition Act, 1894: Section 18 (as amended and adopted in State of Karnataka)-Reference to Court-Application under S. 18(3)(b)-Limitation period-Applicability of S. 5 of the Limitation Act-Notice of award under S. 12(2) served on the claimant-Claimant filed application under S. 18(1) seeking reference within 90 days as laid down in S. 18(2)-Deputy Commissioner failed to make a reference within 90 days as laid down in S. 18(3)(a)-Claimant approached civil court under S. 18(3)(b) after 10 years-Application for condonation of delay under S. 5 of the Limitation Act also filed-Civil Judge condoned delay and directed Deputy Commissioner to make a reference-High Court refused to interfere-Correctness of-Held: On expiry of a period of three years and 90 days right of Deputy Commissioner to make a reference and that of claimant to move the court gets extinguished-Section 5 of the Limitation Act cannot be invoked to an application under S. 18(3)(b)-High Court’s judgment set aside-Limitation Act, 1963, S. 5. The notice of award under S. 12(2) of the Land Acquisition Act, 1894 (as amended and adopted in the State of Karnataka) was served on the respondent-claimant. The respondent filed an application under Section 18(1) of the Act (as amended and adopted in the State of Karnataka) within 90 days as prescribed under Section 18(2) of the Act. But the Deputy Commissioner did not make a reference within 90 days as provided under Section 18(3)(a) of the Act. The respondent approached the civil court under Section 18(3)(b) of the Act after more than 10 years after receipt of the notice of the award. The respondent also filed an application for condonation of delay under Section 5 of the Limitation Act, 1963. The civil judge condoned the delay and directed the Deputy commissioner to make a reference in terms of Section 18 of the Act. In revision, the High Court refused to interfere on the ground that Section 5 of the Limitation Act had application and there was no reason to interfere with the condoning of the delay by the civil judge. Hence the appeal. The following questions arose before the Court:- (1) Whether on expiry of the period of three years and 90 days the right of the Deputy Commissioner to make a reference and that of the claimant to move the court get extinguished? (2) Whether Section 5 of the Limitation Act, 1963 can be invoked to an application under Section 18(3)(b) of the Land Acquisition Act, 1894 (as amended and adopted in the State of Karnataka)? =Allowing the appeal, the Court HELD: 1. The State Legislature by an amendment brought to Section 18 of the Land Acquisition Act, 1894 substituted the proviso to Section 18(2) by replacing the period of six weeks by a period of 90 days and making the starting point, the date of service of notice from the Deputy Commissioner under Section 12(2) of the Act. Section 18(3) was added directing that the Deputy Commissioner should make the reference to the court within a period of 90 days from the date of receipt of the application under Section 18(1) of the Act. If he failed to do so within the period of 90 days, the party was given a right under Section 18(3)(b) of the Act to apply to the court to direct the Deputy Commissioner to make the reference and the court was conferred the power to direct the Deputy Commissioner to make the reference within such period as may be fixed by the court. [543-d-f] 2. No time for applying to the court in terms of Section 18(3) of the Act is fixed by the statute. But since the application is to the court, though under a special enactment, Article 137, the residuary article of the Limitation Act, 1963 would be attracted and the application has to be made within three years of the application for making a reference or the expiry of 90 days after the application. [544-d-e] The Addl. Spl. Land Acquisition Officer v. Thakoredas, Major, AIR (1994) SC 2227, Kerala State Electricity Board v. T.P. Kunhaliumma, [1976] 4 SCC 634 and Officer on Special Duty (Land Acquisition) v. Shah Manilal Chandulal, [1969] 9 SCC 414, relied on. Special Land Acquisition Officer v. G.C. Paramraj, ILR 1991(2) Karnataka 1109, approved. 3. On a plain understanding of the Scheme of Section 18 of the Act as amended in Karnataka, it is apparent that a claimant has to make an application for reference within a period of 90 days of the service of notice under Section 12(2) of the Act. The Section casts a duty on the concerned officer to make a reference within 90 days of the receipt of the application for reference. The mere inaction on the part of the officer does not affect or straightaway extinguish the right of the claimant-applicant. The claimant is conferred the right to approach the court but he has to do so, within three years of his having made an application for reference in view of the general law of limitation. It is in this context that it has been held that the time available to a claimant for approaching the court for getting a reference made, is in all three years and 90 days from the date of the accrual of the cause of action. That accrual is when he makes an application for reference within the time prescribed by Section 18(2) of the Act. The controversy that is generated in these appeals is whether on the expiry of the said period of three years and 90 days, the right of the Deputy Commissioner to make a reference and that of the claimant to move the court get extinguished. It is to be remembered that the claimant had made his application for reference within the 90 days prescribed by the statute. Should a construction be adopted which will lead to a position that a claimant who has done his part, loses his right on the failure of the Deputy Commissioner to make the reference within 90 days of the receipt of the application for reference? That will depend on the statutory scheme. [545-g-h; 546-a-d] 4. Under the Karnataka scheme, the period for making an application for reference has been enhanced from six weeks to 90 days and the terminus a quo is the receipt of notice from the Collector under Section 12(2) of the Act. The Section proceeds further and imposes a duty on the Deputy Commissioner to make the reference to the Court within 90 days from the date of receipt of the application under Section 18( 1) of the Act. Though it may not be conclusive what one has to notice is that expression used is “shall” and not “may”. The scheme does contemplate a situation where the Deputy Commissioner, in spite of the peremptory nature of the duty cast on him, still fails to make the reference within the time stipulated by Section 18(3)(a). The claimant is, therefore, given the right to approach the Court, namely, the Court that is to deal with the claim on the reference being made, to direct the Deputy Commissioner to make the reference within a time to be fixed by the Court. This right to apply to the Court which is to deal with the reference, is not available under the Central Act. [547-d-f] 5. Extinguishment of a right can be expressly provided for or it can arise by the implication from the statute. Section 18 of the Act as in Karnataka sets out a scheme. Having made an application for reference within time before the Deputy Commissioner, the claimant may lose his right by not enforcing the right available to him within the time prescribed by law. Section 18(3)(a) and Section 18(3)(b) read in harmony, casts an obligation on the claimant to enforce his claim within the period available for it. The scheme brings about a repose. It is based on a public policy that a right should not be allowed to remain a right indefinitely to be used against another at the will and pleasure of the holder of the right by approaching the court whenever he chooses to do so. When the right of the Deputy Commissioner to make the reference on the application of the claimant under Section 18( 1) of the Act stands extinguished on the expiry of 3 years and 90 days from the date of application for reference, and the right of the claimant to move the Court for compelling a reference also stands extinguished, the right itself loses its enforceability and thus comes to an end as a result. This is the scheme of Section 18 of the Act as adopted in the State of Karnataka. The High Court is, therefore, not correct in searching for a specific provision bringing about an extinguishment of the right to have a reference and on not finding it, postulating that the right would survive for ever. [551-e-h; 552-a-b] State of M.P. v. Bhai Lal AIR (1964) SC 1006, referred to. 6. Under the scheme .of Section 18 of the Act as in Karnataka the claimant loses his right to move the Court for reference on the expiry of three years and 90 days from the date of his making an application to the Deputy Commissioner under Section 18 (1) of the Act within the period fixed by Section 18(2) of the Act. This loss of right to move the court precludes him from seeking a remedy from the court in terms of Section 18 of the Act. This loss of right in the claimant puts an end to the right of the claimant to seek an enhancement of compensation. To say that the Deputy Commissioner can make a reference even after the right in that behalf is lost to the claimant would be incongruous. Once the right of the claimant to enforce his claim itself is lost on the scheme of Section 18 of the Act, there is no question of the Deputy Commissioner who had violated the mandate of Section 18(3)(a) of the Act, reviving the right of the claimant by making a reference at his sweet will and pleasure, whatever be the inducement or occasion for doing so. On a harmonious understanding of the scheme of the Act in the light of the general principle that even though a right may not be extinguished, the remedy may become barred, it would be appropriate to hold that on the expiry of three years and 90 days from the date of application for reference made within time under Section 18(1) of the Act the remedy of the claimant to have a reference gets extinguished and the right to have an enhancement becomes unenforceable. The Deputy Commissioner would not be entitled to revive a claim which has thus become unenforceable due to lapse of time or non-diligence on the part of the claimant. [552-b-f] The Addl. Spl. Land Acquisition Officer v. Thakoredas, Major AIR (1994) SC 2227, relied on. Assistant Commissioner v. Laxmi Bai ILR 1987 Karnataka 2132, approved. Hanamappa v. The Special Land Acquisition Officer ILR (1998) Karnataka 4071 (FB), overruled. 7. On the failure of the Deputy Commissioner to make a reference within 90 days from the date of an application under Section 18(1) of the Act, the claimant is given the right to approach the Land Acquisition Court seeking the compelling of a reference by the Deputy Commissioner. Once the right to move for a compelled reference is lost to the claimant on the scheme of Section 18, the very right to have a claim for enhancement, would come to an end in view of the fact that the remedy in that behalf becomes barred. Thereafter, the Deputy Commissioner cannot revive that right to a reference. [553-f-g] 8. The right to have a reference enforced through Court or through the Deputy Commissioner becomes extinguished on the expiry of three years and 90 days from the date of the application for reference made in time. Consistent with this position it has necessarily to be held that Section 5 of the Limitation Act, 1963 would not be available since the consequence of not enforcing the right to have a reference made on the scheme of Section 18 of the Act as obtaining in Karnataka, is to put an end to the right to have a reference at all. Since in that sense it is an extinguishment of the right, the right cannot be revived by resorting to Section 5 of the Limitation Act. [554-g-h; 555-a] The Addl. Spl. Land Acquisition Officer v. Thakoredas, Major AIR (1994) SC 2227, relied on. The Addl. Spl. Land Acquisition Officer v. Thakoredas, Major AIR (1994) SC 2227 and Assistant Commissioner v. Laxmi Bai, ILR (1987) Karnataka 2132, approved. Sanjay R. Hegde, Anil K. Mishra, A. Rohen Singh and N. Ganpathy, (NP) for the Appellant. K. Radhakrishnan and Mrs. K. Sarada Devi for the Respondent No. 1566/2001.=2006 AIR 24 , 2005(4 )Suppl.SCR535 , 2005(8 )SCC709 , 2005(8 )SCALE768 , 2005(9 )JT89

CASE NO.: Appeal (civil) 2024 of 1999 PETITIONER:STATE OF KARNATAKA RESPONDENT:LAXUMAN DATE OF JUDGMENT: 25/10/2005 BENCH:CJI R.C. LAHOTI,G.P. MATHUR & P.K. BALASUBRAMANYAN JUDGMENT:J U D G M E N T WITH CIVIL APPEAL NOs. 4459/1999, 607-609/2000, 5547/2000, 1566/2000 and 1567/2001   P.K. BALASUBRAMANYAN, J. All these appeals involve questions connected with the scope and effect … Continue reading

Land Acquisition Act – (i) Whether in a reference made to the Reference Court under section 18 of the Act, the land owner is barred from amending the amount claimed in the reference application and seeking higher compensation; and even if he could seek amendment, whether such application should be made within the period of limitation mentioned in section 18 of the Act? (ii) Where the landowner has sought increase in compensation for only the land, in the application under section 18 of the Act, whether he can seek increase in compensation for the trees or structures also, before the Reference Court?

1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO…7784…… OF 2011 [Arising out of SLP [C] No.20741 of 2009] Shri Ambya Kalya Mhatre (d) Through legal heirs & Ors. … Appellants Vs. The State of Maharashtra … Respondents J U D G M E N T R.V.RAVEENDRAN, J. Leave granted. … Continue reading

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