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Documents citing Thota China Subha Rao vs Mattapalli Raju on 10 May, 1949

Ammenumma vs Chelampiriyarath Beeviamma And Ors. on 18 January, 1952

The section deals with "suits both for fore closure and for sale and the provisions contained therein must be read distributively in relation to the two subjects. So read, the section enacts that (1) a suit for foreclosure can be filed after the mortgage amount has become due and before a decree for redemption has been made and (2) a suit for sale can be filed after the amount has become due and before it has been paid or deposited in the manner provided. It has been suggested that there is nothing in Section 67 corresponding to the proviso in Section 60 on which the decisions in --'Raghunath Singh v. Hansraj Kunwar', 56 All 561 (PC) and -- 'Subba Rao v. Mattapali Raju', 1950-1 Mad L J 752 (FC) were based and that, therefore, the considerations applicable to a second suit for redemption would not be applicable to a second suit for sale.
Madras High Court Cites 27 - Cited by 4 - Full Document

Manakkal Nadakumar vs M. Subramanyan

13. The same view has been reiterated in the decision reported in Thota China Subba Rao v. Mattapalli Raju (AIR 1950 Federal Court 1). That was a case where suit was for redemption was filed and on the date of fixing for argument, the counsel informed that the plaintiff is not proceeding with the case and the suit was dismissed and being a suit for redemption until the right is extinguished he will be getting cause of action to file the suit and so the subsequent suit filed by the plaintiff for the same releif was held to be not barred and it has been held that in such circumstances Order 23 Rule 1 is not applicable;
Kerala High Court Cites 19 - Cited by 0 - K Ramakrishnan - Full Document

Vanashakti vs State Of Maharashtra on 26 August, 2025

The Tribunal misdirected itself when it treated the appellant's claim as 'one time action' meaning thereby that it was not a continuing wrong based on a recurring cause of action. The claim to be paid the correct salary computed on the basis of proper pay fixation, is a right which subsists during the entire tenure of service and can be exercised at the time of each payment of the salary when the employee is entitled to salary computed correctly in accordance with the rules. This right of a Government servant to be paid the correct salary throughout his tenure according to computation made in accordance with rules, is akin to the right of redemption which is an incident of a subsisting mortagage and subsists so long as the mortgage itself subsists, unless the equity of redemption is extinguished. It is settled that the right of redemption is of this kind. (See Thota China Subba Rao and Ors. v. Mattapalli, Raju and Ors. AIR (1950) F C1."
National Green Tribunal Cites 25 - Cited by 0 - Full Document

Kumar City Residents Co-Operative ... vs Kumar Urban Development Pvt. Ltd. ... on 13 May, 2022

The Tribunal misdirected itself when it treated the appellant's claim as 'one time action' meaning thereby that it was not a continuing wrong based on a recurring cause of action. The claim to be paid the correct salary computed on the basis of proper pay fixation, is a right which subsists during the entire tenure of service and can be exercised at the time of each payment of the salary when the employee is entitled to salary computed correctly in accordance with the rules. This right of a Government servant to be paid the correct salary throughout his tenure according to computation made in accordance with rules, is akin to the right of redemption which is an incident of a subsisting mortgage and subsists so long as the mortgage itself subsists, unless the equity of redemption is extinguished. It is settled that the right of redemption is of this kind. (See Thota China Subba Rao and Ors. v. Mattapalli, Raju and Ors. AIR (1950) F C1."
National Green Tribunal Cites 153 - Cited by 1 - A K Goel - Full Document

Praveen Kakar vs Ministry Of Environment And Forest on 4 July, 2022

The Tribunal misdirected itself when it treated the appellant's claim as 'one time action' meaning thereby that it was not a continuing wrong based on a recurring cause of action. The claim to be paid the correct salary computed on the basis of proper pay fixation, is a right which subsists during the entire tenure of service and can be exercised at the time of each payment of the salary when the employee is entitled to salary computed correctly in accordance with the rules. This right of a Government servant to be paid the correct salary throughout his tenure according to computation made in accordance with rules, is akin to the right of redemption which is an incident of a subsisting mortgage and subsists so long as the mortgage itself subsists, unless the equity of redemption is extinguished. It is settled that the right of redemption is of this kind. (See Thota China Subba Rao and Ors. v. Mattapalli, Raju and Ors. AIR (1950) F C1."
National Green Tribunal Cites 191 - Cited by 0 - A K Goel - Full Document

Chandni Chemicals Pvt Ltd vs Uttar Pradesh Pollution Control Board on 5 December, 2022

The Tribunal misdirected itself when it treated the appellant's claim as 'one time action' meaning thereby that it was not a continuing wrong based on a recurring cause of action. The claim to be paid the correct salary computed on the basis of proper pay fixation, is a right which subsists during the entire tenure of service and can be exercised at the time of each payment of the salary when the employee is entitled to salary computed correctly in accordance with the rules. This right of a Government servant to be paid the correct salary throughout his tenure according to computation made in accordance with rules, is akin to the right of redemption which is an incident of a subsisting mortgage and subsists so long as the mortgage itself subsists, unless the equity of redemption is extinguished. It is settled that the right of redemption is of this kind. (See Thota China Subba Rao and Ors. v. Mattapalli, Raju and Ors. AIR (1950) F C1."
National Green Tribunal Cites 137 - Cited by 0 - A K Goel - Full Document

Rukmini Chemicals Ltd vs Uttar Pradesh Pollution Control Board on 5 December, 2022

The Tribunal misdirected itself when it treated the appellant's claim as 'one time action' meaning thereby that it was not a continuing wrong based on a recurring cause of action. The claim to be paid the correct salary computed on the basis of proper pay fixation, is a right which subsists during the entire tenure of service and can be exercised at the time of each payment of the salary when the employee is entitled to salary computed correctly in accordance with the rules. This right of a Government servant to be paid the correct salary throughout his tenure according to computation made in accordance with rules, is akin to the right of redemption which is an incident of a subsisting mortgage and subsists so long as the mortgage itself subsists, unless the equity of redemption is extinguished. It is settled that the right of redemption is of this kind. (See Thota China Subba Rao and Ors. v. Mattapalli, Raju and Ors. AIR (1950) F C1."
National Green Tribunal Cites 139 - Cited by 0 - A K Goel - Full Document

Heilgers Chem Pvt Ltd vs Uttar Pradesh Pollution Control Board on 15 December, 2022

The Tribunal misdirected itself when it treated the appellant's claim as 'one time action' meaning thereby that it was not a continuing wrong based on a recurring cause of action. The claim to be paid the correct salary computed on the basis of proper pay fixation, is a right which subsists during the entire tenure of service and can be exercised at the time of each payment of the salary when the employee is entitled to salary computed correctly in accordance with the rules. This right of a Government servant to be paid the correct salary throughout his tenure according to computation made in accordance with rules, is akin to the right of redemption which is an incident of a subsisting mortgage and subsists so long as the mortgage itself subsists, unless the equity of redemption is extinguished. It is settled that the right of redemption is of this kind. (See Thota China Subba Rao and Ors. v. Mattapalli, Raju and Ors. AIR (1950) F C1."
National Green Tribunal Cites 131 - Cited by 0 - A K Goel - Full Document

Amelia Textiles & Chemicals Pvt Ltd vs Uttar Pradesh Pollution Control Board on 16 January, 2023

The Tribunal misdirected itself when it treated the appellant's claim as 'one time action' meaning thereby that it was not a continuing wrong based on a recurring cause of action. The claim to be paid the correct salary computed on the basis of proper pay fixation, is a right which subsists during the entire tenure of service and can be exercised at the time of each payment of the salary when the employee is entitled to salary computed correctly in accordance with the rules. This right of a Government servant to be paid the correct salary throughout his tenure according to computation made in accordance with rules, is akin to the right of redemption which is an incident of a subsisting mortgage and subsists so long as the mortgage itself subsists, unless the equity of redemption is extinguished. It is settled that the right of redemption is of this kind. (See Thota China Subba Rao and Ors. v. Mattapalli, Raju and Ors. AIR (1950) F C1."
National Green Tribunal Cites 125 - Cited by 0 - A K Goel - Full Document

Waris Chemicals Pvt Ltd vs Uttar Pradesh Pollution Control Board on 16 January, 2023

The Tribunal misdirected itself when it treated the appellant's claim as 'one time action' meaning thereby that it was not a continuing wrong based on a recurring cause of action. The claim to be paid the correct salary computed on the basis of proper pay fixation, is a right which subsists during the entire tenure of service and can be exercised at the time of each payment of the salary when the employee is entitled to salary computed correctly in accordance with the rules. This right of a Government servant to be paid the correct salary throughout his tenure according to computation made in accordance with rules, is akin to the right of redemption which is an incident of a subsisting mortgage and subsists so long as the mortgage itself subsists, unless the equity of redemption is extinguished. It is settled that the right of redemption is 134 of this kind. (See Thota China Subba Rao and Ors. v. Mattapalli, Raju and Ors. AIR (1950) F C1."
National Green Tribunal Cites 132 - Cited by 0 - A K Goel - Full Document
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