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1 - 10 of 14 (0.03 seconds)Section 70 in Kerala Revenue Recovery Act, 1968 [Entire Act]
Section 71 in Kerala Revenue Recovery Act, 1968 [Entire Act]
Article 14 in Constitution of India [Constitution]
Khadi Gram Udyog Trust vs Shri Ram Chandraji Virajman Mandir ... on 28 November, 1977
15. It has been submitted before us that the statute of
limitation merely bars the remedy without touching the right.
Therefore, the right to recover the loan would remain even
though the remedy by way of a suit would be time-barred.
Reliance was placed on Khadi Gram Udyog Trust v. Ram
Chandraji Virajman Mandir [(1978) 1 SCC 44] in this
connection. The Court there observed that though a debt may
be time-barred, it would still be a debt due.
Punjab National Bank And Ors vs Surendra Prasad Sinha on 20 April, 1992
The right remains
untouched and if a creditor has any means of enforcing his
right other than by action or set-off, he is not prevented from
doing so. In Punjab National Bank v. Surendra Prasad
Sinha [1993 Supp (1) SCC 499, 503-504 : 1993 SCC (Cri)
149] (SCC at pp. 503-504) this Court held that the rules of
limitation are not meant to destroy the rights of parties.
Section 3 of the Limitation Act only bars the remedy but does
not destroy the right which the remedy relates to. Excepting
cases which are specifically provided for, as for example,
under Section 27 of the Limitation Act, the right to which the
remedy relates subsists. Though the right to enforce the debt
by judicial process is barred, that right can be exercised in
any manner other than by means of a suit. For example, a
creditor's right to make adjustment against time-barred debts
exists."
Section 3 in The Limitation Act, 1963 [Entire Act]
Section 27 in The Limitation Act, 1963 [Entire Act]
Public Moneys (Recovery of Dues) Act, 1965
State Of Kerala & Ors vs V.R.Kalliyanikutty & Anr on 1 April, 1999
In the case of State of
Kerala and Others v/s V. R. Kalliyanikutty and
Another reported in AIR 1999 SC 1305 : (1999) 3
SCC 657, the Hon'ble Court held as under:-