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Smt. Jairaji Vs. Firm Jagarnath Prasad and ors.

Court : Allahabad

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 21, Rule 95, 97 and 99

Reported in : AIR1976All1

the resistance offered - without substance and unacceptable - cannot be said to be in good faith. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … the applicant file his regular claim by the 25-11-1972. This will be disposed of under Order XXI, Rule 97 (2) C. P. C. on 9-12-1972. Stay despatch of warrant of possession in the meantime.' 5. The applicant

In Re: R.K.S. Motors Private Ltd.

Court : Andhra Pradesh

Subject : Company

Acts : Companies Act, 1956 - Sections 95, 97, 97(3), 394 and 397

Reported in : [2004]50SCL261(AP)

97 - held, no separate notice intimating Registrar under Sections 95 and 97 need to be given. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag.

M.S. Murthy and Others Vs. Gold Stone Exports Pvt. Ltd. and Others

Court : Andhra Pradesh

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 21, Rules 97 to 99 and 91 to 101; Andhra Pradesh (Telangana Area) Abolition of Jagirdar Regulation Act, 1958

Reported in : 1998(6)ALD817; 1999(1)ALT97

District Judge had no jurisd`iction to entertain applications to resist execution of decree passed by High Court. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … appellants filed EA SR Nos.2377 of 1996 in EP 3 of 1996 on 4-6-1996 under Order 21 Rule 97 read with Section 151 of Code of Civil Procedure, resisting the execution. The EA was, however, dismissed on

Ram Harsh Misra Vs. Sukhad Raj Singh and ors.

Court : Allahabad

Subject : Election

Acts : Representation of the People Act, 1951 - Sections 81, 81(1), 81(3) and 97

Reported in : AIR1976All47

that the successful candidate's election was void and a further declaration that petitioner himself had been elected. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … objected that the respondent No. 1 having failed to give notice of recrimination within the time allowed by Section 97(2). he is not entitled to give any evidence to show that some votes have been wrongly counted in

Banwari Lal Vs. Khubi Ram and ors.

Court : Allahabad

Subject : PropertyCivil

Reported in : AIR1914All371; (1915)ILR37All59

Attestation of instrument by Revenue Court or officer--Act No. XVI of 1908 (Indian Registration Act), Section 47. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … a lease for five years. On the 7th of December, 1910, they took it to a kanungo under Section 97 of the Tenancy Act, and got him to sign and date an endorsement thereon under Sub-section (2) of

Shyam Sunder Chowdhary Vs. Gift Tax Officer

Court : Allahabad

Subject : Constitution

Acts : Constitution of India - Articles 248 and 366(28); Gift Tax Act, 1958 - Sections 4(C)

Reported in : AIR1967All19; [1967]66ITR74(All)

Constitution does not differentiate between words 'tax' and 'levy' - definition of 'tax' comprehensive and includes 'levy'. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … Parliament has legislative competence to enact the impugned statute by virtue of Article 248 read with Entry No. 97 of the Seventh Schedule of the Constitution. Article 248 of the Constitution reads :'248. (1) Parliament has exclusive

Palapala Seetharamaswamy Vs. Palapala Sujya Kumar

Court : Andhra Pradesh

Subject : Family

Acts : Transfer of property Act, 1982 - Sections 13, 97 and 113; Indian Succession Act, 1925 - Sections 97 and 113

Reported in : 2004(2)ALT308

1925 - held, will in favour of unborn child legal and valid in light of legal provisions. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … the Act, is valid. The Madras High Court in the decision referred to supra, while dealing with Sections 97 and 113 of the Act vis--vis Hindu Will, was held that after the testator's and his wife's death

M. Padma and ors. Vs. M. Seshagiri Rao and ors.

Court : Andhra Pradesh

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115 - Order 21, Rules 59, 97 and 103

Reported in : 2003(5)ALD3; 2003(4)ALT683

on contradictions in plans - held, subsequent application of third party barred by principle of res judicata. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … under the final decree. In that E.P, first respondent filed E.A.No. 27 of 1990 under Order 21 Rule 97 contending that house bearing No. 2-5-110 is a part and parcel of the old house bearing No. 2-3-88,

Rudra Pal Singh Vs. Ram Pal Singh and ors.

Court : Allahabad

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 97 - Order 22, Rule 12; Uttar Pradesh Consolidation of Holdings Act, 1954 - Sections 20; Uttar Pradesh Tenancy Act, 1939 - Sections 49

Reported in : AIR1972All67

act came - consolidation authorities not competent to reopen the matter where decree has finally been passed. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … authorities undoubtedly could determine the rights of the parties afresh on the basis of the material before them.9. Section 97 of the Code of Civil Procedure provides that:--'Where any party aggrieved by a preliminary decree passed after the

Kothapalli Koteswara Rao Vs. Murukonda Subba Rao and ors.

Court : Andhra Pradesh

Subject : Civil

Acts : Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 97(2) - Order 21, Rules 5, 58, 58(1), 59 and 63

Reported in : 2002(6)ALD609; 2004(1)ALT168

inherent jurisdiction to entertain it - held, suit instituted by plaintiff to set aside Order not maintainable. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … governed by the old provisions unaffected by the amendments, by virtue of sub-clause (ii) of Clause (q) of Section 97(2). (2) The claim petitions disposed of before the Amendment Act but in respect of which suits were not