9911796707
TMI Blog1994 (2) TMI 324X X X X Extracts X X X X X X X X Extracts X X X X ..... 77 etc. of 1976. The facts are not in dispute. As concluded by the High Court, the award having been made by the Deputy Commissioner (the Collector) under Section 11 of the Land Acquisition Act, 1894 ('the Act') it was served on the Respondents as required under Section 12(2) on August 2, 1970. The respondents are said to have made an application on September 1, 1970 before the Deputy Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le 137 of the Schedule to the Limitation Act, 1963. However, the High Court following the decision in Town Municipal Corporation Athani v. Presiding Officer, Labour Court, Hubli rejected the contention and upheld the Order of Civil Judge directing the sending of the reference. The correctness of case of Municipal Corporation Athani was doubted in Nityanand M. Joshi v. L.I.C. of India . In Kerala S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Extension and Amendment Act, XVII of 1961, by its Section 4, which came into force on 24-8-1961; amended Section 18, thus: (1) after the word "award" where it occurs for the first time insert the words "or amendment thereof" and after the said word, whenever it occurs thereafter, insert the words "or the amendment"; (2) in Sub-section (2), substitute for the proviso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ector", wherever it occurs, substitute the words "Deputy Com missioner". 3. Admittedly, the cause of action for seeking a reference had arisen on the date of service of the award under Section 12(2) of the Act. Within 90 days from the date of the service of the notice, the respondents made the application requesting the Deputy Commissioner to refer the cases to the Civil Court unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... racted. Thus, it could be seen that in the absence of any special period of limitation prescribed by Clause (b) of Sub-section (3) of Section 18 of the Act, the application should have been made within three years from the date of expiry of 90 days prescribed in Section 18(3)(b) i.e. the date on which cause of action had accrued to the respondent-claimant. Since the applications had been admittedl ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
