KERALA STATE SCIENCE & TECHNOLOGY MUSEUM versus RAMBAL COMPANY AND ORS.

KERALA STATE SCIENCE & TECHNOLOGY MUSEUM versus RAMBAL COMPANY AND ORS.

The Division Bench erred by deciding issues not referred; the only issue to be considered was whether the demand is barred by limitation. The matter is remitted to Division Bench for consideration limited to this question.

Parties
Appellant: Kerala State Science & Technology Museum; Respondent No. 1: Rambal Company; Respondent: Deputy Tehsildar
Jurisdiction
India
Judgment Date
02 August 2006
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Kerala High Court
Outcome
Appeals disposed of; Division Bench order set aside; matter remitted for fresh consideration on limitation issue only.
Legal Topics
Reference to Bench, Revenue Recovery Proceedings, Assessment of Damages, Limitation Period
Practice and Procedure Contract Law Limitation Reference to Bench Revenue Recovery Proceedings Assessment of Damages Limitation Period

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Parties

Kerala State Science & Technology Museum

Appellant

Rambal Company

Respondent No. 1

Deputy Tehsildar

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Kerala High Court

Legal Issues

  1. 1 Whether the Division Bench could adjudicate issues beyond the scope referred by the Single Judge
  2. 2 Whether the demand raised is barred by limitation under the Limitation Act, 1963
  3. 3 Whether quantification and recovery of damages by one party in case of disputed breach is legally sustainable

Ratio Decidendi

The Division Bench erred by deciding issues not referred; the only issue to be considered was whether the demand is barred by limitation. The matter is remitted to Division Bench for consideration limited to this question.

Court Disposition

Appeals disposed of; Division Bench order set aside; matter remitted for fresh consideration on limitation issue only.

Orders

  • The matter is remitted to Division Bench of Kerala High Court for fresh consideration limited to the question whether the demand is barred by limitation.
  • Interim order dated 1.10.1999 shall remain operative until disposal by Division Bench.