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Zacarias Durate Dmoingos Pereira Vs. Camilo Inacil Evaristo Pereira

Court : Mumbai

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Articles 1369 to 1447; Arbitration Act, 1965 - Sections 4

Reported in : AIR1984Bom295

Civil Procedure Code, 1908 or those Articles Procedure Code, 1908 or those Articles of Portuguese Civil P.C. outside Chapter XVII still govern such proceeding.2. By the im;ugned Order dated 22nd November, 1983 the Civil Judge, Senior Division, … Procedure Code, 1908 or those Articles of Portuguese Civil P.C. outside Chapter XVII still govern such proceeding.2. By the im;ugned Order dated 22nd November, 1983 … in force in the territory of Goa, Daman and Diu. The Goa, Daman and diu (extension of the Code of Civil Procedure and the Arbitration Act) ACt, 1940 extended the Code of Civil Procedure of 1908 and the Arbitration Act

Madhulata Kankani and ors. Vs. Kolkata Municipal Corporation and ors.

Court : Kolkata

Subject : Tenancy

Acts : West Bengal Premises Tenancy Act, 1997 - Sections 27 and 44; ;Kolkata Municipal Corporation Act, 1980 - Sections 233, 234, 234A, 234C, 234(1), 243(2), 243(3) and 241A; ;West Bengal Premises Tenancy Act, 1977 - Section 44; ;Code of Civil Procedure (CPC) , 1908 - Section 151; ;Constitution of India - Articles 21 and 227

Reported in : (2008)2CALLT175(HC)

of water supply. An application under Order 39, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 was moved seeking a mandatory interim order directing restoration of water supply. The Court did not grant any … Municipal Corporation Act, 1980 need to be seen. Part V of the Act deals with civic services, and Chapter XVII of the Act falling in that part deals with water supply. In Section 233 the various expressions … respondent took out an application (GA No. 124 of 2007) dated January 17th, 2007 for an order dismissing the writ petition as not maintainable. They

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 … pointed out in Crawford v. Spooner [6 Moo. P.C. 1; 4 M.I.A. 179], aid the Legislature's defective phrasing of an Act or add and amend

Devi Saran Mishra Vs. the Union of India (Uoi) and ors.

Court : Allahabad

Subject : Criminal

an application, the Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, (5 of 1908) while trying a suit in respect of the following matters, namely--(a) summoning and enforcing the … Tribunals over a period of three years or so after their institution, will be useful for our purpose. Chapter VIII of the second volume of the Report, 'Alternative Modes and Forums for Dispute Resolution,' deals with the … 1980 (3) SCC 625) : (at p. 1820 of AIR 1980 SC 178), and is not regarded as the definitive test in this field of

Amar Singh and ors. Etc. Etc. Vs. the State of Bihar and ors. Etc. Etc ...

Court : Patna

Subject : Tenancy

Acts : Bihar Tenancy Act, 1885 - Sections 1(3), 3(4), 3(5), 3(9), 3(16), 3(17), 6, 21A, 23, 23(2), 23(4), 24, 26A to 26O, 27, 28, 30, 40(1), 53 to 67, 72 to 75, 120 and 189; Bihar Tenancy (Amendment) Act, 1993 - Sections 23(1), 23(2), 23(3) and 23(4); Bihar Tenancy (Amendment) Act 1934; Bihar and Orissa Municipal Act, 1922; Madras Urban Land Tax Act - Sections 6; Bihar Rent Refixation Rules, 1995; Settled Land Act, 1925; Trust Act, 1925; Land Registration Act, 1925; Land Charges Act, 1925; Administration of Estates Act, 1925; Copyhold Act, 1841; Government of India Act, 1935; Code of Civil Procedure (CPC) , 1908 - Order 41; Bihar Rent Refixation Rules, 1995 - Rules 3, 3(1), 3(2), 3(3), 4, 4(2), 5, 6, 7 and 9; Constitution of India - Articles 13, 13(2), 14, 19, 19(1), 21, 32, 226 and 300A

shall be made as far as possible as per the procedure laid down in Order 41 of the Code of Civil Procedure, 1908.17. The brief survey of historical background of the concept and law relating to 'property' and 'Tenancy' would be … the land held by the tenant;In Section 53 to 67, both inclusive, Sections 72 to 75, both inclusive Chapter XII, Chapter XIII and Schedule III of this Act. 'rent' includes also money recoverable under any enactment for

Shah Keshavlal Motichand Vs. Assistant Judge, Junagadh and ors.

Court : Mumbai

Subject : Constitution

Acts : Debt Law; Saurashtra Agricultural Debtors Relief Act, 1952 - Sections 2(3), 4, 4(1), 5, 5(1), 12(2), 13, 41(2), 44 and 54; Constitution of India - Articles 226 and 227; Saurashtra District and Subordinate Civil Courts Ordinance, 1948 - Sections 17 and 19; Bombay Agricultural Debtors Relief Act, 1939 - Sections 4, 4(3), 7, 7(1), 8, 9, 13, 14, 15, 17, 61, 62(1), 63, 66, 67-A, 75 and 83; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Bombay Agricultural Debtors Relief (Amendment) Act, 1947 - Sections 46; Code of Civil Procedure (CPC), 1908 - Sections 15(1), 18, 46 and 115

Reported in : AIR1959Bom194; (1959)61BOMLR124; ILR1958Bom1282

this Act, the provisions of the Code of Civil Procedure, 1908, shall apply to all proceedings under this Chapter.' Here also we have got the inherent evidence of the intention of the legislature in enacting the said … and any rules, the Board shall have the same powers as are vested in civil Courts under the Code of Civil Procedure, 1908, when trying a suit and in particular in respect of the following matters; (a) joining any necessary or … dated the 23rd May 1956, one of which was issued under Section 17, and the other under Section 19 of the Saurashtra District and Subordinate

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 … Court.(Para. 61 of the judgment.)(16) The phrase 'shall be heard and finally disposed of' in Rule 18 in Chapter XVII of the Bombay High Court Appellate Side Rules, 1960, negative any appeal in a proceeding under Article … the said Petition and discharged the rule with costs. Miscellaneous Petition No. 1722 of 1975 against the judgment and order in which the said Appeal

In Re : the National Small Industries Limited with Exparte : Rajanikan ...

Court : Kolkata

Subject : Company

Acts : Limitation Act, 1963 - Section 12 - Schedule - Articles 132 and 136;; Presidency Towns Insolvency Act, 1909 - Section 9(2, 3 and 5 );; Code of Civil Procedure (CPC), 1908 - Section 33 - Order 8, Rules 4 and 5(2) - Order 20, Rules 6 and 7 - Order 21, Rules 11(1, 2 and 3) - Order 49, Rule 3;; Calcutta High Court Original Side Rules - Rules 1, 4 and 10

Reported in : AIR2000Cal167,(2000)2CALLT270(HC)

According to him, the decree does not become enforceable unless it is signed by the Judge both under Code of Civil Procedure as well as High Court rules. In the Instant case, decree was signed on 11th January, 1996 by … He further conteneed that there Is a change in the Limitation Act Old Limitation Act being Act of 1908 prescribes that the period of execution of decree or order of any Civil Court is 3 years from … is signed, decree cannot become operative. He has drawn my attention to Chapter XVI Rule 1, 4 & 10 of the Calcutta High Court, Original … years from the time when the decree or order becomes enforceable. Chapter XVII Rule 10 of the Original Side Rules of the Calcutta High Court

M/S.Harshal Developers Pvt.Ltd. and Another Vs. Manohar Gopal Bavdekar ...

Court : Mumbai

Subject : Education

replied that such objection by way of amendment of written statement under order 6 Rule 17 of the Code of Civil Procedure was sought on 8.12.2010. However, the said application was rejected by the first appeal Court and also by … are to take or have taken such flats, and the agreement shall be registered under the [Registration Act, 1908(XVI of 1908)]; [and such agreement shall be in the prescribed form] ; [(1A) The agreement to be prescribed … as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1963 (XLVII of 1963) or as

Nanda Lal Agrani Vs. Jogendra Chandra Datta

Court : Kolkata

Subject : Land Acquisition

Reported in : 82Ind.Cas.297

157 : 9 Ind. Dec. (N.S.) 367 This is corroborated by the provisions of 0 VII of the Code of Civil Procedure, 1908. Rule 1 requires that the plaint shall in addition to other particulars, contain a statement of the value … Every question relating to valuation for the purpose of determining the amount of any fee chargeable under this chapter on a plaint or memorandum of appeal shall be decided by the Court in which such plaint or … is filed: Amjad Ali v. Muhammad Ismil 20 A. 11 at p. 17; A.W.N. (1897) 157 : 9 Ind. Dec. (N.S.) 367 This is corroborated