Limitation Act, 1963, Article 113 -- Suit for recovery of amount paid under a mistake - Money paid under a mistake of law comes within word 'mistake' in Section 72 of Contract Act - No question of estoppel when mistake of law common to both person making payment and authority - Right to sue accrues when mistake discovered - Suit can be filed within a period of 3 years when..........
Haryana Public Premises (Eviction and Rent Recovery) Act, 1972 -- Whether contrary to provisions of Article 112 of Limitation Act - Haryana Act and Limitation Act deal entirely with different matters and cover different fields - Suit for recovery of land by State has to be filed within 30 years whereas under Haryana Act proceedings can be taken at any time - Haryana Act..........
Punjab Security of Land Tenures Act, 1953, Section 14A(ii) -- Recovery of rent - Limitation of 3 years under Article 52 of Limitation Act - Not applicable - Limitation Act (36 of 1963), Article 52...........
Limitation Act, 1963, Section 17(1)(c) -- Suit for recovery of money paid under mistake of law - Limitation for - Mistake of law becomes known to the party only when a Court makes a declaration as to invalidity of the law - Even with reasonable diligence, it is seldom that a person can discover a mistake of law before a judgment adjudging the validity of law - Plaintiff..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 7 - - Scope of - Word 'payable' in Section 7 - Means "legally recoverable" - Any amount barred by law of limitation - Cannot be held 'payable' - Recovery of rent beyond three years i. e. barred by limitation - Not permissible under Section 7 - Estate Officer cannot ignore existing law - Section 7 does..........
Words and Phrases -- Payable - Meaning of - That which should be paid - Legally recoverable - Amount barred by limitation - Not "payable" - Irrecoverable.
The words 'payable' is somewhat indefinite in import and its meaning must be gathered from the context in which it occurs. 'Payable' generally means that which should be paid. The word payable in Section 7 of the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment sought time barred - Cannot be allowed - In a suit by the plaintiff for a mere declaration that he was the purchaser of the truck from tie defendant and amendment of the plaint introducing a new claim for recovery of the price of the truck held could not be allowed as the claim was barred by limitation at the date..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1959, Section 9 - - Terminus a quo for limitation under Clause (b) of Section 9(2) - Date on which order communicated. Every order whatever made under Section 7 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act. has been made appealable by Section 9(1). The terminus a quo for limitation..........