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Syndicate Bank
Applicability of the provisions of the Indian Limitation Act, 1956, vis-à-vis, Article 2262 of the French Code Civil, said to be the governing law of limitation in the Union Territory of Pondicherry, erstwhile French Establishment.= whether, by virtue of the Limitation Act, 1963, the French Law of Limitation which had been in force till 1.1.1964, was in any manner repealed or modified by the Limitation Act, 1963. We can draw considerable sustenance from the ratio laid down by this Court in Syndicate Bank (supra), wherein, we have already indicated, this Court considered the interaction between the provisions of the Indian Limitation Act, 1963 vis-à-vis Article 535 of the Portuguese Civil Code. In that case, this Court held as follows: “20. ……………….. In any event, as noticed above, the Portuguese Civil Code, in our view, could not be read to be providing a distinct and separate period of limitation for a cause of action arising under the Indian Contract Act or under the Negotiable Instruments Act since the Civil Code ought to be read as one instrument and cause of action arising therefrom ought only to be governed thereunder and not otherwise. The entire Civil Code ought to be treated as a local law or special law including the provisions pertaining to the question of limitation for enforcement of the right arising under that particular Civil Code and not dehors the same and in this respect the observations of the High Court in Cadar Constructions that the Portuguese Civil Code could not provide for a period of limitation for a cause of action which arose outside the provisions of that Code, stands approved. A contra approach to the issue will not only yield to an absurdity but render the law of the land wholly inappropriate. There would also be repugnancy insofar as application of the Limitation Act in various States of the country is concerned: Whereas in Goa, Daman and Diu, the period of limitation will be for a much larger period than the State of Maharashtra — the situation even conceptually cannot be sustained having due regard to the rule of law and the jurisprudential aspect of the Limitation Act.” 12. This Court also held that it cannot but hold that in the wake of the factum of the Limitation Act coming into existence from 1.1.1964, Article 535 of the Portuguese Civil Code cannot but be termed to be impliedly repealed and it is on this score that the decision of this Court in Justiniano Augusto De. Piedade Barreto v. Antonio Vicente Da Fonseca (1979) 3 SCC 47, stood overruled. This Court also held that there is one general law of limitation for the entire country, being the Act of 1963, and the Portuguese Civil law cannot be termed to be a local law or a special law applicable to the State of Goa, Daman and Diu, prescribing a different period of limitation within the meaning of Section 29(2) of the Limitation Act and the question of saving of local law under the Limitation Act, 1963 does not and cannot arise.- Pondicherry (Extension of Laws) Act, 1968, as amended, has adopted several such legislations in the State of Pondicherry, but the Act which governs limitation is the general law of the land that is the Indian Limitation Act. Consequently, it is not Article 2262 of the French Code Civil that applies to the suit in question, but Section 54 of the Indian Limitation Act, 1963. Under such circumstances, as rightly held by the High Court, the suit filed beyond the period of limitation prescribed under Article 54 of the Indian Limitation Act, 1963 is clearly barred. Since the suit itself is barred by the law of limitation, the other questions of law framed by the High Court were rightly not answered. The appeal, therefore, lacks in merits and accordingly dismissed.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40788 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICITON CIVIL APPEAL NO. 8308 OF 2013 [Arising out of SLP (Civil) No. 4836 of 2012] Gothamchand Jain .. Appellant Versus Arumugam @ Tamilarasan .. Respondent J U D G M E N … Continue reading
service matter = for appointment in job= In a judgment rendered by the Supreme Court in Excise Superintendent, Malkapatnam vs. K.B.N.Visweswara Rao (1996 (6) SCALE 676), it was held that whose names are enrolled with the Employment Exchange and who have been sponsored will be considered and also other candidates, who have responded to the notification for public employment will also be considered.
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD MONDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.19302 OF 2011 BETWEEN: Thalamanchi Sanath Kumar S/o.Jaya Kumar Reddy …. Petitioner AND The Regional Manager, Syndicate Bank, Plot No.5, Rutwik Enclave, A.K. … Continue reading
With regard to the effect of Section 42 of the Arbitration and Conciliation Act, 1996, the same, in our view was applicable at the pre-arbitral stage, when the Arbitrator had not also been appointed. Once the Arbitrator was appointed and the arbitral proceedings were commenced, the SIAC Rules became applicable shutting out the applicability of Section 42 and for that matter Part I of the 1996 Act, including the right of appeal under Section 37 thereof. 41 40. We are not, therefore, inclined to interfere with the judgment under appeal and the appeal is accordingly dismissed and all interim orders are vacated.
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.7562 OF 2011 (Arising out of SLP(C) No.25624 of 2010) YOGRAJ INFRASTRUCTURE LTD. … APPELLANT Vs. SSANG YONG ENGINEERING AND CONSTRUCTION CO. LTD. … RESPONDENT J U D G M E N T ALTAMAS KABIR, J. 1. Leave granted. 2. The Appellant is … Continue reading
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