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1 - 10 of 11 (0.58 seconds)Article 182 in Constitution of India [Constitution]
The Limitation Act, 1963
Section 48 in The Code of Civil Procedure, 1908 [Entire Act]
Section 115 in The Code of Civil Procedure, 1908 [Entire Act]
Aiyasamier (Dead) And Ors. vs Venkatachela Mudali And Anr. on 17 August, 1916
In Aiyasamier v. Venkatachela Mudali (1916) I.L.R. 40 Mad. 989, the date of the decree in Clause (a) of Pection 48 of the Code of Civil Procedure was similarly interpreted as meaning the date when the decree became executable. The decree in the present case did not become capable of execution till a default had been made by the judgment-debtor in paying the decretal money within the period allowed; and whether Article 181 or Article 182, Clause (7) of the Indian Limitation Act (No. IX of 1908) was applied, the time from which the period of limitation began to run would not be deemed to have commenced till after the expiry of that period. The amount to which the decree-holder (sic) became then determinable and recoverable.
The Code of Civil Procedure, 1908
Section 107 in Government of India Act, 1935 [Entire Act]
Kaveri vs Venkamma on 5 November, 1890
83, to which a reference has been made during the hearing, has been considered in Kaveri v. Venkamma (1890) I.L.R. 14 Mad.
Yusuf Khan And Anr. vs Sirdar Khan And Ors. on 31 July, 1883
8. It is contended on behalf of the judgment-debtor that Article 181 does not apply to cases covered by Section 48 of the Code of Civil Procedure and that Article 182, Clause (7), similarly does not apply where no certain date is fixed for the payment of the decretal money. But Section 48 of the Code of Civil Procedure deals with the maximum limit of time provided for execution and does not prescribe the period within which each application for execution is to be made. The right to apply for execution accrues under it from the date when the default in making the payment occurs; and there is nothing in that section govering the provisions applicable to periodical applications for the execution of a decree which can be made after the right to apply for execution has accrued, so long as the decree subsists and is capable of execution. A date capable of being made certain by the computation of the time provided for payment is as certain for the purpose of Article 182 of the Indian Limitation Act as a specific date entered in or provided for by a decree or order. The decision in Yusuf Khan v. Sirdar Khan (1883) I.L.R. 7 Mad.