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1 - 10 of 13 (0.25 seconds)Article 137 in Constitution of India [Constitution]
Section 155 in The Companies Act, 1956 [Entire Act]
Section 111 in The Companies Act, 1956 [Entire Act]
Article 181 in Constitution of India [Constitution]
The Companies Act, 1956
M/S. Harinagar Sugar Mills Ltd vs Shyam Sundar Jhunjhunwala And Others on 25 April, 1961
6. So far as the objection regarding alternate remedy is concerned I am not detaining myself in exploring the law on the said aspect since the Supreme Court has already dealt with the same in the case of
Harinagar Sugar Mills Limited v Shyam Sunder Jhunjhunwala and Others, wherein it has been held that:
Section 20 in Indian Companies Act, 1913 [Entire Act]
The Kerala State Electricity Board, ... vs T.P. Kunhaliumma on 29 October, 1976
10. Article 137 of Part II of second division of the Schedule to the Limitation Act, 1963 provides a limitation of three years in respect of any application for which no period of limitation is provided elsewhere in the said division. The Supreme Court after examining the scheme under the Limitation Act has held that the said residuary Article will apply to filing of all applications in Court for which no limitation has been provided by the Legislature. After distinguishing the earlier judgment of the Supreme Court in the case of Kerala State Electricity Board, Trivandrum v T.P. Kunhaliumma, which was based on an interpretation of Article 181 of the Indian Limitation Act, 1908, it has been held that:
Nityananda M. Joshi & Ors vs Life Insurance Corporation Of India & ... on 25 April, 1969
"The changed definition of the words "applicant" and "application" contained in Section 2(a) and 2(b) of the 1963 Limitation Act indicates the object of the Limitation Act to include petitions, original or otherwise, under special laws. The interpretation which was given to Article 181 of the 1908 Limitation Act on the principle of ejusdem generis is not applicable with regard to Article 137 of the 1963 Limitation Act. Article 137 stands in isolation from all other Articles in Part I of the third division. This Court in Nityananda M. Joshi v Life Insurance Corporation of India, has rightly thrown doubt on the two-Judge Bench decision of this Court in Town Municipal Council, Athani v Presiding Officer, Labour Court, Hubli, where this Court construed Article 137 to be referable to applications under the Civil Procedure Code. Article 137 includes petitions within the word "applications". These petitions and applications can be under any special Act as in the present case.