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Bhaniben W/O Nathabhai Gulabbhai Vs. Narayan Pottery Works

Court : Gujarat

Subject : CivilProperty

Acts : Gujarat High Court Rules, 1993 - Rules 5(1) and 5(2); ;Presidency Small Cause Courts Act, 1882 - Sections 38 and 41; Code of Civil Procedure (CPC) , 1908 - Sections 115 and 522

Reported in : AIR2004Guj1

Matched in: Advocate J.C. Vyas, Adv. for Petitioner No. 1 Civil Revision Application No. 601-609 of 2001, ; J.T. Trivedi Dhiraj M. Patel, Adv. for Respondent No. 1-1/3 Civil Revision Application No. 601-609 of 2001, ; Krishn

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 … Court in (1) Mahomed Ghouse Sahib v. Sk. Mohiddin AIR 1924 Mad 74, (2) K. Arumugham Naicker v. Tiruvaluva Nainar Temple, : AIR1954Mad985 ; as

Sudha Sakharam Govandalkar and ors. Vs. Shrikrishna Pandurang Kode D/H ...

Court : Mumbai

Subject : Tenancy

Acts : Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 28 and 31E; Presidency Small Cause Courts Act, 1882 - Sections 42A and 46; Presidency Small Cause Courts (Amendment) Act, 1976

Reported in : 1997(1)BomCR83; (1996)98BOMLR154

section 42 of the Act which requires the Small Cause Courts to follow the procedure prescribed by the Code of Civil Procedure, 1908 and submitted that in view of the same, it is not incumbent on the part of the Small … Act, as the said section stood deleted with effect from 1st July, 1976 consequent to the substitution of Chapter VII of the said Act (which contained section 41 to 46 including section 42-A) by the Maharashtra Act, … with effect from 1st July, 1976 consequent to the substitution of Chapter VII of the said Act (which contained section 41 to 46 including section

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 … notice to the respondents to quit the premises on or before the 7th Jaistha 1356 B.S. The respondents having failed to comply with the notice

Madhavprasad Kalkaprasad Nigam Vs. S.G. Chandavarkar

Court : Mumbai

Subject : CivilTenancy

Reported in : AIR1949Bom4104; (1948)50BOMLR747

limitation in respect of a suit by a person against whom an order has been made under the Code of Civil Procedure, 1908, upon an application by the holder of a decree for possession of immovable property, and the period of … is not correct. The Small Cause Court has no jurisdiction to try suits affecting immovable property, but under Chapter VII of the Presidency Small Cause Courts Act, the Small Cause Court has been given a special jurisdiction … has no jurisdiction to try suits affecting immovable property, but under Chapter VII of the Presidency Small Cause Courts Act, the Small Cause Court has

Mohammed Jacoo Sait Vs. District Collector of Trichur District and ors ...

Court : Kerala

Subject : Trusts and Societies

Acts : Wakf Act, 1954 - Sections 55, 55(1), 55(2) and 69; Code of Civil Procedure (CPC) - Sections 92, 92(1) and 93; Religious Endowments Act, 1863 - Sections 18

Reported in : AIR1962Ker343

the reliefs mentioned in Section 14 of the Religious Endowments Act, 1963 and in Section 92 of the Code of Civil Procedure, 1908 relating to any wakf may, notwithstanding anything to the contrary contained in those Acts, be instituted by the … shall apply to all wakfs. Sections 3 (c) and 3 (1) defines respectively, the expressions, 'Board', and 'Wakf'.27. Chapter II relates to survey of wakts, and chapter III deals with establishment of Boards and their functions. Section … and wakf accounts. Chapter VI deals with finance of the Board.30. Chapter VII deals with 'judicial proceedings', and in that chapter is to be found

Ramanbhai Trikamlal Vs. Vaghri Vaghabhai Oghabhai and anr.

Court : Gujarat

Subject : Limitation

Acts : Bombay Agricultural Debtors Relief Act, 1947 - Sections 2(1), 2(3), 32, 38(3) and 51-A; Limitation Act, 1963 - Sections 30 - Schedule - Articles 136 and 182; Code of Civil Procedure (CPC), 1908

Reported in : AIR1979Guj149; (1979)0GLR268

Section 46 of the B.A.D.R. Act provider.'Save as otherwise expressly provided in this Act, the provisions of the Code of Civil Procedure, 1908 (V of 1908) shall apply to all proceedings under this Chapter.'Both Ss. 32 and 38 are included in … exactly identical view has been taken by the Bombay High Court in Ganesh Vinayak v. Bhau Babbana, (1969) 71 Born LR 284. The Division Bench has in terms held that the Court dealing with applications under the

Framroz Dosabhai Vs. Dalsukhbhai Fulchand

Court : Mumbai

Subject : PropertyCivil

Reported in : AIR1921Bom180; (1921)23BOMLR383; 61Ind.Cas.567

Chapter VII. Nothing is said in Rule 1 about such proceedings. That rule says 'the portions of the Code of Civil Procedure, Act V of 1908, specified in the 1st column of the Schedule hereto annexed shall, subject to the … not extended. In this respect the case differs from a Provincial Small Cause Court to which, under Section 7 of the Code and Order L, Section 114 and Order XLVII extend. Then I think an indication that

Sukhanand Shamlal Vs. Oudh and Rohilkhand Railway

Court : Mumbai

Subject : Civil

Reported in : AIR1924Bom306; (1924)26BOMLR71

that this special enactment is not affected by the subsequent general enactment contained in Section 79 of the Civil Procedure Code 1908 that suits by or against the Government shall be instituted by or against the Secretary of … enactment is not affected by the subsequent general enactment contained in Section 79 of the Civil Procedure Code 1908 that suits by or against the … inclusion of the Government or State in the definition of 'railway administration' was proposed for the purposes of Chapter VII of the Act relating to the responsibility of Railway Administrations as carriers. But, apart from that, the

Print Pak Machinery Ltd. Vs. Jay Kay Papers Conveters

Court : Delhi

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 2(1) and 97(1); Delhi High Court Act, 1966 - Sections 7; Delhi High Court (Original Side) Rules, 1967

Reported in : AIR1979Delhi217; 1979RLR418

that these Rules are made In exercise of the powers conferred by sections 122 and 129 of the Code of Civil Procedure 1908 and section 7 of the Delhi High Court Act 1966'.(4) Chapter Xv of the Original Side Rules deals