ACT:
Limitation Act, 1963 , Article 137 ,--Whether confined to
applications under the Code of Civil Procedure --Applicabili-
ty to petitions under the Indian Telegraph Act ... Judge under the Telegraph Act acts as a
Civil Court in dealing with applications under section 16
of the Telegraph Act. The petition
filed a petition under Sections 10 and 16(5) of the Indian Telegraph Act 1885 read with Section 51 of the Indian Electricity Act ... before the District Judge, Tellicherry under Section 16(3) of the Indian Telegraph Act 1885 claiming an enhanced compensation of Rs. 19,367.60. The Board
filed a petition under sections 10 and 16(5) of the Indian Telegraph Act, 1885, read with section 51 of the Indian Electricity Act ... before the District Judge, Tellicherry, under section 16(3) of the Indian Telegraph Act, 1885, claiming enhanced compensation. Before the District Judge, a question arose
grant of compensation under section 16(3) of
Indian Telegraph Act read with Section 51 of the Indian Electricity Act
was dismissed as being time ... Telegraph Act read with section 51 of Indian Electricity
Act are original in nature like suits and therefore section 5 of
Limitation Act
petition before the District Judge under Section 16(3) of the Indian Telegraph Act, 1885 claiming an enhanced compensation of Rs.19367 ... would not apply to applications to the District Judge under the Indian Telegraph Act . The district judge held that the application was governed by Article
filed an application under sections 10 and 15 of the Indian Telegraph Act, 1885 read with section 51 of the Indian Electricity Act, 1910 claiming ... Court before the District Judge under section 16(3) of the Indian Telegraph Act claiming enhancement of the compensation. A contention taken was that
considered by Supreme Court to
the proceedings under the Indian Telegraph Act, 1885 . The
Supreme Court observed as under:-
"The alteration of the division ... particular statute, i.e.,
Section 16 sub- section 3 of the Indian Telegraph Act, 1885
provides for moving an application within whose jurisdiction
the property
filed a petition under Sections 10 and 16(5) of the Indian Telegraph Act, 1885 read with S. 51 of the Indian Electricity Act ... petilion before the District Judge, under S. 16(3) of the Indian Telegraph Act, 1885. The Board amongst other contentions, contended that the petilion
Act of the schedule to the Limitation Act of 1963 of proceedings before Labour Court under Section 33(C)(2) of Industrial Disputes Act ... Limitation Act, 1963 could be made applicable to petitions under Indian Telegraph Act, 1885 . Under the said Act petition could be filed under Section
signed by the petitioner. The company, it is contended, could not have acted on the transfer deeds which were singed by the petitioner ... petition had been filed under s. 16(5) of the Indian Telegraph Act, 1885. A question arose whether the said petition had been flied within