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Amratlal Amarchand Vs. Mulji Savchand

Court : Mumbai

Subject : FamilyProperty

Reported in : AIR1945Bom169; (1944)46BOMLR851

their written statement on August 27, 1935. In that suit according to Order XXXIV, Rule 4, of the Civil Procedure Code, 1908, a decree was passed in accordance with Form No. 9 of Appendix D on September 10,

The Official Assignee of Bombay Vs. Chimniram Motilal and Sir Hukumcha ...

Court : Mumbai

Subject : CivilProperty

Reported in : (1932)34BOMLR1615

historical origin. Order XXXIV was incorporated in the Civil Procedure Code in 1908, and the provisions of the Order were taken from the Transfer of … was prepared to go further than that and take an order in the terms of Form 9 in Appendix D to the Civil Procedure Cede, but I think that form goes too far in a case such as … his debt, he cannot sue to enforce his security, having regard to Order II, Rule 2, of the Civil Procedure Code. So far as material that Order provides that every suit shall include the whole of the claim

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 … out of the said common judgment, therefore, they arc clubbed together and disposed of by this common judgment. Dr. Karan Singh, who was writ petitioner

F. H. Pell Vs. M. Gregory

Court : Kolkata

Subject : Property

Reported in : (1925)ILR52Cal828

to the appellant's application for a decree under Order XXXIV, rule 6 of the First Schedule to the Code of Civil Procedure, 1908.4. We were of opinion that Article 181 is applicable, but we found that there is a decision of … is not made on or before the date specified in the decree (see form 4 in First Schedule, Appendix D). In the case, therefore, of an application for a final decree for sale, if it is made within

Raj Rajendra Sardar Maloji Narsing Rao Vs. Shankar Saran and ors.

Court : Allahabad

Subject : Constitution

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(5), 2(6), 13, 20, 43 and 44; Government of India Act, 1935 - Sections 5; Indian Provisional Constitution Order, 1947; Indian Independence Act, 1947; Gwalior Code of Civil Procedure (CPC) - Sections 18; Constitution of India - Articles 1(3), 132, 133, 136, 261 and 261(3); Code of Civil Procedure (CPC) (Amendment) Act, 1951 - Sections 20; Adaptation of Laws Order, 1950 - Sections 20

Reported in : AIR1958All775

It is accordingly dismissed with costs. (i) Constitution - foreign judgment - Sections 2(5), 2(6) and 13 of Code of Civil Procedure, 1908 - absolute independence in order to be a foreign state not required - a state is a foreign … all the more confirmed.17. It is conceded that the Stand-still Agreement, the form of which is given as appendix Ix to the White paper on Indian States made no material change in respect of the matter now … preferred against the judgment of Brij Mohan Lall J., by which he dismissed the execution application of the appellant on the ground that the decree

Sivan Pillai Vs. Anbayyan and ors.

Court : Chennai

Subject : Property

Reported in : (1976)1MLJ385

and also the manner in which the proceeds of the sale should be applied. Form No. 5 in Appendix D to the Code of Civil Procedure gives the form of preliminary decree for sale under Order 34, Rule … subsequent interest as may be payable under Rule 11 of Order 34, of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property

State of Maharashtra Vs. Kusum Charudutt Bharma Upadhye

Court : Mumbai

Subject : Civil

Reported in : (1981)83BOMLR75; 1981MhLJ93

again proceeded upon the basis, that that Act was a Constitution Act.67. Order XXVIIA was inserted in the Code of Civil Procedure, 1908, by the Code of Civil Procedure (Amendment) Act, 1942 (XXIII of 1942), for the purpose of giving notice … the Court of King's Bench. The origin and history of these different prerogative writs will be found in Appendix I to de Smith's Judicial Review of Administrative Action, Fourth edn. and under appropriate headings in Jowitt's Dictionary … this Special Bench being constituted are that on September 10, 1980 a Division Bench of this High Court consisting of Madon and Shah JJ., while

Baddam Prathap Reddy S/O Rathna Reddy Vs. Chennadi Jalapathi Reddy S/O ...

Court : Andhra Pradesh

Subject : Property

Acts : Evidence Act, 1872 - Sections 3, 5, 45 and 73; Specific Relief Act, 1963 - Sections 16; Transfer of Property Act, 1882 - Sections 54, 55, 55(1) and 55(5); Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 3

Reported in : 2008(5)ALD200; 2008(5)ALT192

for brevity), and Order VI Rule 3 read with Form Nos. 47 and 48 of Appendix A of Code of Civil Procedure, 1908 (CPC), are mandatory. In this case plaintiff did not specifically make a demand in writing by sending a … specific performance, being O.S. No. 91 of 1996, on the file of the Court of the III Additional District Judge, Karimnagar, filed by the first respondent herein (hereafter called, the plaintiff), was decreed on 05.12.2003 directing the

Mahakal Automobiles and anr. Vs. Kishan Swaroop Sharma

Court : Supreme Court of India

Subject : CivilProperty

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 1, Rule 10 - Order 12, Rule 6 - Order 21, Rules 22, 50, 54, 54(1A), 58, 66, 66(2) and 67; Madhya Pradesh Civil Court Rules, 1961

Reported in : AIR2008SC2061; 2008(2)AWC1859(SC); 2008(6)SCALE163; 2008AIRSCW2730; 2008(2)LH(SC)1444; 2008(3)ICC490

up. However, it was not drawn in prescribed form No.5-A or 7-C of Schedule of Appendix-D to the Code of Civil Procedure, 1908 (in short 'the Code'). Admittedly, no accounts were to be taken. Simple arithmetical calculation of interest would have

State Bank of Travancore Vs. May C. George

Court : Kerala

Subject : Civil

Acts : Kerala Agriculturists' Debts Relief Act, 1970 - Sections 2(4); Code of Civil Procedure (CPC) , 1908 - Order 34, Rules 2 and 11; Kerala Code of Civil Procedure (CPC) , 1973

Reported in : AIR1977Ker8

No. 3 dated 15-1-1974. By the said notification issued by the High Court of Kerala, Order XXXIV and Appendix D as they existed in the Code of Civil Procedure, 1908 have been substituted by the provisions provided by … of the suit till the date of redemption on account of the amendment to Order XXXIV of the Code of Civil Procedure, 1908, brought into effect in the State of Kerala by the notification No. 84441386/70 84441386/70 dated 10-12-1973 published in