Supreme Court · 1964 INSC 40 · Decided 19 February 1964
State of Madhya Pradesh v. Bhopal Sugar Industries LTD.
- Court
- Supreme Court of India
- Citation
- 1964 INSC 40 · [1964] 6 S.C.R. 846
- Case number
- CIVIL APPEAL No. 491/1963
- Decided
- 19 February 1964
- Bench
- P.B. GAJENDRAGADKAR, K.N. WANCHOO, J.C. SHAH, N. RAJAGOPALA AYYANGAR, S.M. SIKRI (5-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 14; Limitation Act; Income Tax Act
Headnote
Abdul Karim v. "1· Ciutodla11 G•noral 'WIUIChoo /. SUPREME COURT REPORTS that this was a loan and not a deposit, for he never pleaded at any time before the authorities concerned that even if it was a deposit the recovery would be barred by time. We are of opinion that as a deposit. In this view of the matter, it would · not be necessary to consider the exact effect of s. 48 ( 3) and to decide whether it will apply even to cases where the recovery had become barred under the Limitation Act before October 22, 1956. We therefore do not allow the
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