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J.Samuel and ors. Vs. Gattu Mhesh and ors.

Court : Supreme Court of India

Subject : Service

Acts : Specific Relief Act - Section 16(c); Code of Civil Procedure (CPC), 1908 - Form 47, Appendix A, Order 6, Rule 17, Section 16(c); Code of Civil Procedure (Amendment) Act, 1999 ; Amendment Act - Section 16;

Reported in : (2012)2SCC300

absence of mandatory requirements of Section 16(c) of Specific Relief Act and Form 47, Appendix `A' of the Code of Civil Procedure, 1908. On 24.09.2010, respondent Nos. 1 and 2 herein filed I.A. No. 1078 of 2010 in O.S. No. 9

Jayappa Lokappa Narsinganawar Vs. Shivangouda Dyamangouda Patil

Court : Mumbai

Subject : Property

Reported in : AIR1928Bom42; (1928)30BOMLR19

the bond executed by him was in the form laid down in Appendix G, No. 2, of the Code of Civil Procedure. Under it he makes himself liable to the extent of Rs. 4,000. On March 10, 1921, the Court … immoveable property'. It is, therefore, within the scope of Section 17, Sub-section (1), of the Indian Registration Act, 1908. It may be noted that for the present purpose there is no difference between the terms of this

Nazarali Kazamali and ors. Vs. Fazlanbibi and ors.

Court : Gujarat

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9 - Order 6, Rule 3 - Order 20, Rule 13 - Order 48, Rule 3; Suits Valuation Act, 1887 - Sections 8; Suits Valuation (Amendment) Act, 1964; Bombay Court Fees Act, 1959 - Sections 6

Reported in : AIR1975Guj81

the 1962 amendments and contended that the said rules were analogous to Order 20, Rule 13 of the Code of Civil procedure, 1908, which was partly substantive law and partly procedural law and a self-contained provision and, therefore the suit as … our opinion, Order 20, Rule 13 provides merely a procedure. The forms of pleadings to be found in Appendix-A to the Code in Forms 41, 42, 43 are mere model forms and not statutory forms as was

Consumer Protection Council Vs. A'bad Muni. Corporation

Court : Gujarat

Subject : ConsumerCivil

Acts : Constitution of India

Reported in : (2000)3GLR727

any manner whatsoever.(B). The Hon'ble Court in the exercise of its civil jurisdiction under sec. 24 of the Code of Civil Procedure, 1908, be pleased to suo motu call for all pending litigations in the City Civil Court, Ahmedabad as well … can be granted for restricted uses only, i.e. residential and nursing homes.3.1 The petitioner has sought reliance on Appendix A-1 USE ZONE TABLE which is annexed to the petition at Annexure 'C'. Reading the same it clearly

State of Jammu and Kashmir Vs. Dr. Karan Singh and anr.

Court : Jammu and Kashmir

Subject : Constitution

Acts : Constitution of India - Article 363; ;Evidence Act, 1872 - Section 115; ;Code of Civil Procedure (CPC) , 1908 - Section 9

Reported in : AIR1997J& K132

question. In para 15 considering the scope of Section 100 read with Order 41 Rule 25 of the Code of Civil Procedure (1908) in relation of Section 3 of the Limitation Act referring to the plea taken in the plaint, the … in LPA (W) No. 60 of 1989) is full owner of the jewellery and ornaments (articles mentioned in Appendix-A and 8 of the appeal) and also further direction/order to restore and return all these articles, ornaments and

Chloro Controls (i) Pvt Ltd. Vs. Severn Trent Water Purification Inc. ...

Court : Supreme Court of India

Subject : Arbitration and Conciliation

Acts : Arbitration and Conciliation Act, 1996 - Sections 44, 45, 46, 47, 48, 49, 8, 5, 9, ; Companies Act - Section 433(J); Code Of Civil Procedure (CPC), 1908 - Section 9; Arbitration Act, 1940 - Section 34; Foreign Awards (Recognition and Enforcement) Act, 1961 - Section 3

the following contentions : 1. There is inherent right conferred on every person by Section 9 of the Code of Civil Procedure, 1908, (for short ‘CPC’) to bring a suit of a civil nature unless it is barred by a statute … by it, subject to the terms and conditions of the International Distributor Agreement attached to that Agreement as Appendix II. Directors to the joint venture company were to be nominated for a period of three years in

Som Datt Finance Corporation Ltd. Vs. Labels International Pvt. Ltd. a ...

Court : Delhi

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 37, Rule 2, 2(1) and 2(2)

Reported in : 2002IVAD(Delhi)415; 96(2002)DLT361; 2002(62)DRJ45

It reads:- 'The plaintiff states that the plaintiff is filing the present suit under Order xxxvII of the Code of Civil Procedure, 1908 inasmuch as the defendants and each one of them have unconditionally acknowledged their debts and liabilities towards the … of suit under Order 37 CPC and for issuance of summons in the suit in Form 4 in Appendix 'B' CPC. 2. Learned Senior Advocate for plaintiff/applicant submits that this suit was filed under Order 37 CPC

Super Candles and anr. Vs. Mahabir Candle Works and anr.

Court : Guwahati

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 3, 26, 104 and 105 - Order 7, Rule 1 - Order 39, Rule 3 - Order 43, Rule 1 and 1(5); Trade and Merchandise Marks Act, 1958 - Sections 2, 29, 105 and 109

could a court injunct a party without deciding whether to grant it or not. Form No. 8 of Appendix F to the Civil Procedure Code, 1908, clearly shows the manner in which the formal expression of the … (8) Subject to the provisions of this Act and of the rules made thereunder, the provisions of the Code of Civil Procedure, 1908 (5 of 1908), shall apply to appeals before a High Court under this Act.' 13. Sri Baruah in

industrial Development Corporation of Orissa Ltd. Vs. Commissioner of ...

Court : Orissa

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32, 143(3), 260A, 260A(7) and 263; Income Tax Rules, 1962 - Rule 5; Code of Civil Procedure (CPC) , 1908 - Order 41, Rule 23

Reported in : 98(2004)CLT363; [2004]268ITR130(Orissa)

260A of the Act, however, provides that save as otherwise provided in this Act, the provisions of the Code of Civil Procedure, 1908 (in short, 'CPC'), relating to appeals to the High Court, shall, as far as may be, apply in … were 'instrumentation and monitoring systems for monitoring energy flows' entitled to 100 per cent. depreciation under Rule 5, Appendix I, Part III(3)(iii)B, of the Income-tax Rules, 1962 (in short, 'the Rules'), which were in force then. After

S.P. JaIn Vs. Union of India and ors.

Court : Mumbai

Subject : Company

Acts : Companies Act 1956 - Sections 10B, 10C, 37, 388B, 388E, 396, 397, 398, 399, 400, 401, 402, 403 and 643; ;Supreme court Rules, 1959 - Rule 21

Reported in : [1966]36CompCas712(Bom)

relevant portion thereof reads: 'The Tribunal shall have the powers which are vested in a court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit, in respect of the following matters, namely:- (a)...................... (b)enforcing the attendance … included as items (12) and (13) in this clause. Rule 17 provides that the forms set forth in Appendix I, where applicable, shall be used with such variations as circumstances may require. Clause (a) of rule 18