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Bapusaheb Balasaheb Patil and ors. Vs. the State of Maharashtra and or ...

Court : Mumbai

Subject : Contempt of Court

Acts : Contempt of Courts Act, 1952 - Sections 3; Maharashtra Co-operative Societies Act, 1960 - Sections 3

Reported in : AIR1975Bom143; (1974)76BOMLR455; 1974MhLJ698

as possible in the same manner as is provided in the case of a Civil Court by the Code of Civil procedure, 1908. Sub-section (2) of Section 94 provides that except with the permission of the Registrar or his nominee or … Courts Act. He pointed out that under the scheme of the Act and the relevant sections contained in Chapter IX of the Act which pertains to disputes and arbitration, these Officers on Special duty are called upon … Tulzapurkar, J. 1. The question that has been referred to us for our decision by

Mahanagar Telephone Nigam Ltd. Vs. M/S. Applied Electronics Ltd.

Court : Supreme Court of India

Subject : Arbitration

followed the decision in MCD vs. International Security & Intelligence Agency Ltd.[2]. has expressed the view that the Code of Civil Procedure, 1908 (for short 'the CPC') would be applicable to the proceedings under the Arbitration and Conciliation Act, 1996 (for … provides for interim measures etc. by Court. Section 11 of the 1996 Act deals with appointment of Arbitrators. Chapter 4 that contains Sections 16 & 17 deals with jurisdiction of the Arbitral Tribunals. Section 34 provides for … IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 11584 OF2016(Arising out of SLP(C) Nos. 2865 OF2015 MAHANAGAR TELEPHONE NIGAM LTD. Appellant

Commissioner of Income-tax Vs. Smt. Basana Rani Saha

Court : Guwahati

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 55A, 69, 131, 133, 133(6), 142 and 142(2); Code of Civil Procedure (CPC) , 1908 - Sections 75

shall, for the purposes of this Act,have the same powers as are vested in a court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit in respect of the followingmatters, namely :-- , . . . … law in holding that Section 55A can be invoked by the Income-tax Officer for the purpose of that Chapter, i.e., Chapter IV, whereas the addition made by the Income-tax Officer in the present case, was done under … D. Biswas J. 1. The Income-tax Appellate Tribunal, Gauhati Bench, in compliance with the direction of

Nalinakhya Bysack Vs. Shyam Sunder Haldar and ors.

Court : Supreme Court of India

Subject : Tenancy

Acts : West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 - Sections 18(1); Presidency Small Cause Courts Act, 1882; Code of Civil Procedure (CPC), 1908 - Sections 115 - Order IV, Rule 1

Reported in : AIR1953SC148; [1953]4SCR533; (1953) 1 SCC 167

XVII of 1950 or in the Bengal General Clauses Act. That word, however, has been defined in the Code of Civil Procedure, 1908, and, as there defined, it means the formal expression of an adjudication which determines the rights of the … respondents having failed to comply with the notice the appellant on the 1st June, 1949, instituted proceedings under Chapter VII of the Presidency Small Cause Courts Act, 1882, for the eviction of the respondents from the demised … a Bench of the Calcutta High Court passed on the 9th April, 1951, in Civil Rule No. 1038 of 1950. This facts leading up to

Shin-etsu Chemical Co. Ltd. Vs. Aksh Optifibre Ltd. and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Indian Arbitration and Conciliation Act, 1996 - Sections 5, 8, 8(1), 8(3), 44 to 52 and 85; Foreign Awards Act, 1961 - Sections 3; Arbitration Act, 1940 - Sections 34; Code of Civil Procedure (CPC) , 1908; High Court Ordinance - Sections 14; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3; Constitution of India - Article 227; Foreign Awards (Amendment) Act, 1973

Reported in : AIR2005SC3766; 2005(3)ARBLR1(SC); 2005(4)AWC3851(SC); [2005]127CompCas97(SC); 2005(4)CTC297; JT2005(7)SC426; (2005)4MLJ84(SC); (2005)7SCC234; 2005(2)LC1277(SC)

rendered on an earlier occasion by another competent court. The principles analogous to res judicata (even though the Code of Civil Procedure, 1908 does not directly apply) might preclude the party from raising the defence under Clause (a) of Sub-section (1) … a reference of dispute arising from an international arbitration agreement governed by the provisions contained in Part III Chapter-I of the Act of 1996. I respectfully Agree with learned Brother Srikrishna J. only to the extent that

Naseera Begum and ors. Vs. Syed Habibur Rehman and anr.

Court : Mumbai

Subject : Labour and Industrial

Acts : Code of Civil Procedure (CPC) , 1973 - Sections 125 and 421

Reported in : (1995)IILLJ462Bom

reciprocal. 9. It will not be out of place to refer to certain relevant provisions contained in the Code of Civil Procedure, 1908. Section 60 of the Code lists the properties liable to attachment and sale in execution of a decree … At the outset it is necessary, in our opinion, to consider the object in making the provisions in Chapter IX of the Code of Criminal Procedure, 1973 with respect to maintenance and its recovery. It cannot be … S.S. Dani, J. 1. This revision, which is a referred matter to this Bench by the

Kota Co-operative Agricultural Bank Limited Vs. State of Karnataka and ...

Court : Karnataka

Subject : Constitution

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(15), 119, 122 and 129 - Order 3, Rule 4(1) and 4(6) ; High Court of Karnataka Rules, 1958 - Rule 3, 3(1) and 3(2); Constitution of India - Article 19(1); Advocates Act, 1961 - Sections 16(3), 30 and 49(1); Bar Council of India Rules; High Court of Karnataka (Amendment) Rules, 1959 - Rule 3 and 3(2)

Reported in : AIR2003Kant30; ILR2002KAR4085

Rules contained in Chapter III of the HC Rules, Section 119 and Order 3, Rule 4 of the Code of Civil Procedure, 1908 (in short, 'CPC'). Interpretation in a case of any ambiguity or inconsistency in application of these provisions has … 1. The legal issue involved herein is of great relevance for day-to-day functioning of our judicial system and the

B Kashinath Choudhary Vs. Smt Savithramma

Court : Karnataka

Subject : Education

reference to decrees i.e., “deemed to be decrees”. The word “decree” has been defined under Section 2(2) of Code of Civil Procedure, 1908 as under: “2. Definitions.-In this Act, unless there is anything repugnant in the subject or context- (1) (2) … SAGAR. ... RESPONDENTS (BY SRI.HARISH KUMAR.M.S., ADV. FOR C/R1-R5) EXECUTION SECOND APPEAL IS FILED U/SEC.100 OF CPC R/W CHAPTER VI A OF KARNATAKA HIGH COURT RULES, 1959, R2b), AGAINST THE JUDGMENT DATED1103.2013 PASSED IN EXECUTION CASE NO.45/2011

Chanbasappa Gurushantappa Hiremath Vs. Baslingayya Gokurnaya Hiremath

Court : Mumbai

Subject : PropertyCivil

Reported in : AIR1927Bom565; (1927)29BOMLR1254

resorting to arbitration in a pending suit without the orders of the Court, that Section 89 of the Code of Civil Procedure 1908 does not effect any change in the law, and that Order XXIII, Rule 3, furnishes the appropriate procedure … dealt, as I have already mentioned, with the adjustment of a suit by mutual agreement or compromise. In Chapter VI, Sections 312 to 325 dealt with arbitrations in a pending suit and for an order for reference-Section … by a court, But is an award an adjustment by an agreement 1 That is the question. The answer must be in the negative. Much

Sitaram Hari Salunkhe Vs. Laxman Rambodh Dubey and anr.

Court : Mumbai

Subject : Civil

Acts : Presidency Small Cause Courts Act, 1882 - Sections 9, 41, 43 and 48; Presidency Small Cause Courts Rules - Rule 1(2); Code of Civil Procedure (CPC), 1908 - Sections 8, 122 and 141 - Order 21, Rules 100, 100(3) and 101

Reported in : AIR1980Bom55

the Rules, Sub-rule (2) of Rule 1 of the said Rules reads as under:--'(2) The portions of the Code of Civil Procedure, 1908 (Act V of 1908) as modified from time to time by any competent legislature in its application to … maintainable as the provisions of Order 21. Rule 100 are not applicable to the summary proceedings instituted under Chapter VII of the Act. He also contended that the petitioner was claiming possession not in his own right