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1 - 10 of 11 (0.25 seconds)The Code of Civil Procedure, 1908
The Limitation Act, 1963
Article 113 in Constitution of India [Constitution]
P. Sreedevi vs P. Appu on 3 August, 1990
In the judgment reported as J.P.Sreedevi v. P. Appu, AIR
1991 Kerala 76, it has been observed that:
Section 14 in The Limitation Act, 1963 [Entire Act]
Section 19 in The Limitation Act, 1963 [Entire Act]
The Indian Evidence Act, 1872
Food Corporation Of India vs Assam State Cooperative Marketing & ... on 26 October, 2004
18. Similarly, in the judgment reported as Food Corporation of
India v. Assam State Co-operative Marketing & Consumers
Suit Number :317/2009.
Khan Bahadur Shapoor Fredoom Mazda vs Durga Prosad Chamaria And Others on 1 March, 1961
The statement providing foundation for a plea of acknowledgement
must relate to a present subsisting liability, though the exact nature
or the specific character of the said liability may not be indicated in
words. The words used in the acknowledgement must indicate the
existence of jural relationship between the parties such as that of
debtor and creditor. The intention to attempt such jural relationship
must be apparent. However, such intention can be inferred by
implication from the nature of the admission and need not be
expressed in words. A clear statement containing acknowledgement
of liability can imply the intention to admit jural relationship of
debtor and creditor. Though oral evidence in lieu of or making a
departure from the statement sought to be relied on as
acknowledgement is excluded but surrounding circumstances can
always be considered. Courts generally lean in favour of a liberal
construction of such statements though a acknowledgement should
not be inferred where there is no admission so as to fasten liability
on the maker of the statement by an involved or far-fetched process
of reasoning See: Shapoor Freedom Mazda vs Durga Prosad
Chamaria & Ors., AIR 1961 SC 1236 and Ms.Lakshmiratan Cotton
Mills Co.Ltd. Etc. v. The Aluminium Corporation of India Ltd.
1969(1) SCR 951. So long as the statement amounts to an
admission , acknowledging the jural relationship and existence of
liability, it is immaterial that the admission is accompanied by an
assertion that nothing would be found due from the person making
the admission or that on an account being taken something may be
found due and payable to the person making the acknowledgement
by the person to whom the statement is made.