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TMI Blog1976 (10) TMI 150X X X X Extracts X X X X X X X X Extracts X X X X ..... sation against the appellant. The Kerala State Electricity Board is constituted under section 5 of the Indian Electricity Supply Act, 1948. The Board cut and removed some trees standing on the property of the respondent for the purpose of laying electric line from Calicut to Cannanore. The Board assessed the compensation at ₹ 1619.90. On 10 March, 1972 the respondent filed a petition before the District Judge, Tellicherry under section 16(3) of the Indian Telegraph Act 1885 claiming an enhanced compensation of ₹ 19,367.60. The Board raised several objections. One of the objections was that the petition was barred by time under Article 137 of the Limitation Act, 1963. The Board contended that the notice intimating the fixi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for which peapplication limitation riod begins to run Applications for which no When the right to appeal period of limitations Three accrues. years is provided elsewhere in this schedule or by section 48 of the Code of Civil procedure. In the Kerala State Electricity Board case (supra) the High Court held that in view of the decision of this Court in Town Municipal Council, Athani v. Presiding Officer Labour Court, Hubli Ors([1970] 1 S.C.R. 51.). the same construction should be put upon Article 137 as had been put upon Article 181. In the Ahani Municipal Council case (supra) the workmen applied to the Labour Court under section 33C(2) of the Industrial Disputes Act for computation of benefit in respect of over time. The Labour Court a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .R. 396.) the appellants filed applications against the respondent under section 33C(2) of the Industrial Disputes Act for computing in terms of money, the benefit of holidays and for recovering the amount. The Labour Court dismissed the applications in so far as the claim was for a period beyond three years on the ground that the applications were barred under Article 137 of the Limitation Act. In Nityananda Joshi s case (supra) this Court held as follows: Article 137 contemplates applications to ordinary courts. Section 4 of the Limitation Act provides for the contingency when the prescribed period for any application expires on a holiday and the only contingency contemplated is when the court is closed . Further under section 5 of the L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and application made after the prescribed period shall be dismissed although limitation has not been set up as a defence. Application is defined in section 2(b) of the Act to include a petition. The Schedule is divided in three divisions. The first division relates to suits. The first division consists of 10 parts and consists of 113 Articles. The first 10 parts speak of 10 categories of suits. The second division speaks of appeals. The second division consists of Articles 114 to 117. The third division speaks of applications. The third division is in two parts. Part I speaks of applications in specified cases. Part II speaks of other applications. The main contention on behalf of the appellant is that the petition before the Distr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d sufficient cause for not preferring the appeal or making the application during such period. In the present case, the applications contemplated under section 16(3) of the Telegraph Act are applications to. the District Judge within whose jurisdiction the property is situate. Applications are contemplated if any dispute arises concerning the sufficiency of the compensation to be paid under section 10 of the Telegraph Act. Section 10 of the Telegraph Act states that the telegraph authority shall pay compensation to all persons interested for any damages sustained by them by reason of exercise of powers mentioned in section 10 of the Telegraph Act 1885. Reference may also be made to section 16(1) which states that if the exercise of powers m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on is being made available for the settlement of these disputes. Section 3(15) of the General Clauses Act states that the District Judge in any Act of the Central Legislature means the Judge of a principal civil court of original jurisdiction other than the High Court in the exercise of its original civil jurisdiction, unless there is anything repugnant in the context. In the Telegraph Act there is nothing in the context to suggest that the reference to the District Judge is not intended as a reference to the District Court which seems to be the meaning implied by the definition applicable thereto. The District Judge under the Telegraph Act acts as a ciVil court in dealing with applications under section 16 of the Telegraph Act. The chan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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