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Kavalan Vs. Mukundan

Court : Kerala

Subject : Civil

Acts : Civil Practice Rules - Rule 39

Reported in : 2008(1)KLJ567; 2008(1)KLT888

respondent respectively. The application filed before the court below was evidently defective and it did not conform to Rule 39 of the Civil Rules of Practice. The Registry of the court below should have returned the application as

In Re:apsara theatre, Bijapur

Court : Karnataka

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 148-A(2); Karnataka Civil Rules of Practice, 1967 - Sections 122, Rules 16-A and 16-B; Writ Proceedings Rules, 1977 - Rule 39; Central Act, 1976 - Sections 2; Constitution of India - Articles 226 and 227

Reported in : AIR2000Kant389; ILR2000KAR2760; 2001(2)KarLJ129

II-A title as 'Caveat Petitions' containing Rules 16-A and 16-B was engrafted in the Karnataka Civil Rules of Practice, 1967, which are framed by the High Court under Section 122 of the Code. The said rules are … to be under Section 148-A of the Code of Civil Procedure. 1908 (in short the 'Code'), read with Rule 39 of Part IV of the Writ Proceedings Rules, 1977 framed by this Court, without showing the name of

R.S. Raja Kannappan Vs. K.R. Periakaruppan and Others

Court : Chennai

Subject : Election

(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908) for the verification of pleadings:(Provided that where the petitioner alleges any corrupt practice, … Assembly Constituency or to inter alia order re-poll in the above stated 39 Polling Stations and to pay the costs. 2. The case of the … 64-A of the representation of People Act 1950, Rule 66-A read with Rule 55-C(2),(3)(4) of Conduct of Election Rules 1961, Rule 53 of the Conduct of Election Rules 1961, Rule 49-T(2), 49-V(2) of the Conduct of Election

Raman Hosiery Factory, Delhi and ors. Vs. J.K. Synthetics Ltd. and ors ...

Court : Delhi

Subject : Contract

Acts : Code of Civil Procedure (CPC), 1908 - Sections 38 - Order 39, Rule 2; Specific Relief Act, 1963 - Sections 38; Monopolies and Restrictive Trade Practices Act, 1969 - Sections 37; Restrictive Trade Practices Act, 1956 - Sections 20

Reported in : AIR1974Delhi207; [1975]45CompCas374(Delhi)

moved an application under Order 39, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure praying that pending the disposal of the suit a temporary injuction restraining the defendants, their agents or … Along with the suit the plaintiffs moved an application under Order 39, Rules 1 and 2 read with Section 151 of the Code of Civil … September Agreement is thus said to be in contravention of the provisions of the Monopolies and Restrictive Trade Practices Act, 1969. In consequence, it is claimed that the agreement being against public Policy was liable to be

theivu Pandithan and anr. Vs. Secretary of State for India and

Court : Chennai

Subject : Property

Reported in : (1898)ILR21Mad433

decision is clearly correct, that these darkhast rules do not convey any rights enforceable against Government in the Civil Courts: Fakir Muhammad v. Titumala Chariar I.L.R. 1 Mad. 205. Again, in the case of Subbaraya v. The … piece of evidence in the case which is perhaps even clearer on the point: viz., the almost invariable practice on the part of planters of these topes of enclosing the lands forming the sites of the topes … the ruling of the Pull Bench of this Court [Reference under Section 39 of Madras Forest Act I.L.R. 12 Mad.203 . That was a reference … who plant and grow, as they are permitted to do by the rules of the Government applicable to the Tinnevelly district, palmyra trees on assessed

Colgate Palmolive (India) Ltd. Vs. Hindustan Lever Ltd.

Court : Supreme Court of India

Subject : MRTP

Acts : Monopolies and Restrictive Trade Practices Act - Sections 12A, 36A and 55; Monopolies and Restrictive Trade Practices(Amendment) Act, 1984 - Sections 12A; Code of Civil Procedure (CPC), 1908 - Order 39, Rules 2A to 5; Constitution of India - Article 19(1)

Reported in : AIR1999SC3105; 1999(4)ARBLR399(SC); (1999)4CompLJ1(SC); JT1999(6)SC89; 1999(5)SCALE95; (1999)7SCC1; [1999]Supp1SCR560; MANU/SC/0494/1999

injunction issued by the Commission under this section, as they apply to a temporary injunction issued by a Civil Court, and any reference in any such rule to a suit shall be construed as a reference to … U.C. Banerjee, J. 1. These two appeals under Section 55 of the Monopolies and Restrictive Trade Practices Act (hereinafter referred to as the 'MRTP Act') are directed against the order of the Monopolies and Trade … the conclusion of such inquiry or until further orders.(2) The provisions of Rules 2A to 5 (both inclusive) of order XXXIX of the First Schedule … issue. Lord Diplock Said (1975) 1 ALL ER 504 : [1975] AC 396:if the extent of the uncompensatable disadvantage to each party would not differ

C. Srinivasa Rao and anr. Vs. K. Manohar Rao and ors.

Court : Andhra Pradesh

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 115 - Order 18, Rule 4 - Order 19, Rules 1 and 2 - Order 39, Rule 1; Andhra Pradesh High Court Civil Practice Rules - Rules 33 and 46; Evidence Act - Sections 3

Reported in : AIR1981AP406

prevent the abuse of the process of the Court.6. Rules 33 and 46 of the Civil Rules of Practice and Circular Orders provide as follows :Rule 33 -- 'Any fact required to be proved upon an interlocutory … before it or whose statement has not been tested by cross-examination. In proceedings regulated by the Code of Civil Procedure, as provided in Order 18, Rule 4, the ordinary rule is to record evidence in open Court … permanent injunction. He filed I. A. No. 929 of 1979 under Order 39, Rule 1, C. P. C. for a temporary injunction pending suit. Along

United Public Workers Vs. Mitchell

Court : US Supreme Court

Subject : MRTP

employees of the executive branch of the Federal Government sued for an injunction against the members of the Civil Service Commission to prohibit them from enforcing against such employees § 9(a) of the Hatch Act, 18 U.S.C. … hear this appeal. Pp. 330 U. S. 85 -86. (b) Rule 47 of this Court requires the same practice for appeals under 28 U.S.C. § 380a that Rule 11 does for other appeals. P. 330 U. S. … prohibitions of § 9 of the Hatch Act and the Civil Service Rules. P. 330 U. S. 103 . 56 F.Supp. 621, affirmed. Certain employees … 106 U. S. 371 ; United States v. Wurzbach, 280 U. S. 396 . Pp. 330 U. S. 96 -103. (b) The fundamental human rights

M/S. Sikkim Subba Associates Vs. State of Sikkim

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 8, 16, 19, 30 and 39; Code of Civil Procedure (CPC), 1908 - Sections 11, 98 and 151; Sikkim High Court (Practice and Procedure) Rules, 1991 - Rules 149 and 150; Constitution of India - Articles 136, 142 and 299; Indian Contract Act, 1872 - Sections 54 and 73

Reported in : AIR2001SC2062; JT2001(5)SC186; 2001(3)SCALE721; (2001)5SCC629; [2001]3SCR261

would throw an impossible burden of about Rs 1 crore on the financial capacity of the appellant in Civil Appeal No. 2299 of 1979. It was open to the Tribunal to adopt the position which it did. … Award ought to have been confirmed under Section 98(2) C.P.C., particularly when rules 149 & 150 of the Succumb High Court (Practice & Procedure) Rules, … High Court by filing an appeal under Section 39 of the Act. The matter was heard in … the proper time and the finalisation came only at a much later stage. Keeping in view all these practicalities and realities of the situation, we are convinced, on the peculiar facts and circumstances of this case, that … 27.10.94 overruled the objections of the State and made the Award the rule of court by passing a decreed in terms of the Award. The

Ashwinbhai Somabhai Patel and anr. Vs. Nrugendraprasadji Ajendraprasad ...

Court : Gujarat

Subject : Civil

Acts : Evidence Act, 1872 - Sections 1, 3, 65, 65(1), 65(A), 65(B), 65B(1), 65(2) and 65B(2); Information Technology Act, 2000; Registration Act - Sections 17; Information Technology (Certifying Authorities) Rules, 2000; Information Technology (Qualification and Experience of Adjudicating Officer and manner on holding inquiry) Rules, 2003; Information Technology (Security Procedure) Rules, 2004; Code of Civil Procedure (CPC) , 1908 - Order 29, Rule 1 - Order 39, Rules 1 and 2; Civil Practice Rules- Rule 60; Constitution of India - Articles 226 and 227

Reported in : (2009)3GLR2352

for adjudication of the applications are to be proved for under Rule 60 of the Civil Rules of Practice. It is true that depending on the circumstances of the case, the Court may record oral and documentary … affidavits are now considered to be legal evidence as provided under Order 39 of the Code of Civil Procedure, the Courts of law are required … the respondent No. 1 original-defendant No. 1, who is main contesting party so far as the present Special Civil Application is concerned. With the consent of the learned Advocates appearing on behalf of the respective parties, the