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Ramesh Chouksey Vs. the Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Limitation

Reported in : 2008(5)MPHT48

of 1951 is not applicable to elections to the Cantonment Board and that only the provisions of the Cantonments Act, 2006 (for short 'the Act of 2006') and the Rules of 2007 are applicable.11. Sub-section (1) of Section 29 … this reason, observations of Single Judge deserve to be dismissed - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 115: [A.K. Patnaik, CJ, Deepak Verma, S.K. Kulshrestha, S.S. Kha & A.M. Sapre, JJ] Award of Motor Vehicles Tribunal

Babulal Vs. G.S. Hashmi and ors.

Court : Allahabad

Subject : PropertyConstitution

Acts : Tenancy Law; Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952 - Rules 115, 115C, 115C(1), 115C(2) and 115D; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951 - Sections 209; Constitution of India - Articles 14 and 226

Reported in : AIR1958All97

of the encroachment or the repairs of the damage - stage passed - High Court can interfere. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … prohibition restraining the Tehsildar of Mau, opposite party No. 1, from proceeding further with the proceedings, under Rule 115-C, U. P. Zamindari Abolition and Land Reforms Rules.2. Before the abolition of the zamindari, the petitioner asserts that

D. Kyathappa and ors. Vs. K.L. Siddaramappa

Court : Andhra Pradesh

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 32 and 115 - Order 13, Rules 1 and 2; Code of Civil Procedure (CPC) (Amendment) Act, 1999; General Clauses Act, 1897

Reported in : 2002(6)ALD834; 2002(6)ALT435

to interlocutory Orders not effecting final disposal of suit or other proceedings are not maintainable after amendment. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … consideration in this revision is 'in judging the pending revisions should the High Court apply the criteria in Section 115 CPC as amended by CPC (Amendment) Act, 1999 (Act 46/99) or as it stood prior to amendment on

N. Laxman Dev Vs. Nagarjuna Constructions Engineer and Builders and or ...

Court : Andhra Pradesh

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115 and 115(1) - Order 39, Rules 1 and 2; Code of Civil Procedure (CPC) (Amendment) Act, 1999

Reported in : 2003(2)ALD208; 2003(1)ALT730

(c) are satisfied amendment did not result in any perceptible alteration in revisional jurisdiction of High Court. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … the revisions Sri VilasAfzal Purkar raised two contentions. Firstly he contended that under proviso to Sub-section (1) of Section 115 of C.P.C., which is incorporated by way of Amendment Act 46 of 1999, unless the orders passed by

Ganga Saran Vs. Civil Judge, Hapur, Ghaziabad and Others

Court : Allahabad

Subject : Constitution

Acts : Code of Civil Procedure (CPC), 1908 - Sections 115 - Order 39, Rules 1 and 2 - Order 43, Rule 1; Constitution of India - Articles 141, 226 and 227; Civil Procedure (Amendment) Code, 1978

Reported in : AIR1991All114

- Courts must follow the Judgment which appear to them to state the law accurately and elaborately. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … laid before the learned single Judge with this opinion and answer.14. Order accordingly. (i) Civil - revision - Section 115 of Code of Civil Procedure , 1908 - assigns mutually exclusive jurisdiction to the High Court and District

Smt. Saida Begam Vs. Sabir Ali

Court : Allahabad

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 47 and 115 - Order 21, Rules 58 and 63

Reported in : AIR1962All9

- alternative remedy available under Order 21 Rule 63 - held, application for revision can be filed. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … learned Civil Judge does, not suffer from any defect of jurisdiction and it cannot, therefore, be revised under Section 115, C. P. C. Reference in this connection has been made, to the words of Section 115, C. P.

Abu Bakar and Anr. Vs. District Handloom Weavers' Co-operative Society ...

Court : Allahabad

Subject : Trusts and Societies

Acts : Co-operative Societies Act, 1912 - Sections 43, 43(1) and 43(2); Co-operative Societies Rules - Rule 115

Reported in : AIR1966All12

he ceased to be an officer - Rule 115 would be applicable - officer includes past officer. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag.

Tungal Ram Vs. Smt. Leelawati

Court : Allahabad

Subject : Civil

Acts : Constitution of India - Article 254(1) and 254(2); Code of Civil Procedure (CPC) , 1908 - Sections 115 - Order 6, Rule 17; Uttar Pradesh Civil Laws (Amendment) Act, 1973; Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 97(1)

Reported in : AIR1978All46

Act of 1973 became ineffective - District Judge no more empowered to exercise power under Section 115. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag.

ShamsuddIn Vs. Abbas Ali

Court : Allahabad

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115 - Order 21, Rules 35, 35(1), 35(2), 36 and 100

Reported in : AIR1971All117

- possession under rule 36 is given when somebody else other than judgment debtor is in possession. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … v. Mahanffe. : AIR1931All632 the matter related to the Succession Act, but the Full Bench held as follows :--'Section 115 is no doubt discretionary and, therefore, it is open, to the High Court to decline to interfere in

Bathula Venkatamma Vs. Voggu Mahendra Gupta and anr.

Court : Andhra Pradesh

Subject : PropertyCivil

Acts : Limitation Act - Sections 5; Code of Civil Procedure (CPC) - Sections 115 - Order 9 Rule 13

Reported in : 2001(5)ALT693

filing application - held, Court below not justified in rejecting application of petitioner for condonation of delay. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … fact relating to sufficiency of cause and in view of the limitations imposed on the revisional Court in Section 115 of the Code, this is not a matter involving any jurisdictional error and hence it does not warrant