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1 - 9 of 9 (0.87 seconds)The Limitation Act, 1963
Basavantappa vs Gangadhar Narayan Dharwadkar & Anr on 10 September, 1986
Neither provision has any effect on the other as to time.
All decisions
the contrary on the point, we hold, are incorrect. With
the greatest respect, we disagree with the contrary view
expressed in Basavantappa v. Gangadhar Narayan Dharwadkar &
Anr., [1986] 4 SCC 273.
The Amending Act, 1897
The Code Of Civil Procedure (Amendment) Act, 1956
Nalinakhya Bysack vs Shyam Sunder Haldar And Others on 29 January, 1953
The Court must indeed proceed on the assumption that the
legislature did not make a mistake and that it intended to
say what it said: See Nalinakhya Bysack v. Shyam Sunder
Haldar & Ors., [1953] SCR 533 at 545. Assuming there is a
defect or an omission in the words used by the legislature,
the Court would not go to its aid to correct or make up the
deficiency. The Court cannot add words to a statute or read
words into it which are not there, especially when the
literal reading produces an intelligible result.
Section 2 in The Limitation Act, 1963 [Entire Act]
M. Pentiah And Others vs Muddala Veeramallappa And Others on 7 November, 1960
See the observation of Sarkar, J. in M. Pentiah
& Ors. v. Muddala Veeramallapa & Ors., [1961] 2 S.C.R. 295
at 314.
Dakshayini And Ors. vs Madhavan on 1 September, 1981
It would perhaps have been better, more
logical, reasonable and practical, as stated by the Kerala
High Court in Dakshayini & Ors. v. Madhavan, AIR 1982 Kerala
126, to enlarge the period for making the deposit so as to
make it identical with that prescribed for making the appli-
cation, and such extended period would have better served
the object of the amendment, namely, ameliorating the plight
of the judgment-debtor, but such are matters exclusively
within the domain of legislation by Parliament and the Court
cannot presume deficiency and supply the omission. The
legislature did not do more than what it did. It has, in our
view, accomplished what it had set out to achieve. No more
no less.
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