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Satish Chand Makhan and Others Vs. Govardhan Das Byas and Others

Court : Supreme Court of India

Subject : TenancyProperty

Acts : Transfer of Property Act, 1882 - Sections 106, 111 and 116; Registration Act, 1908 - Sections 17(1) and 49; Code of Civil Procedure (CPC) 1908 - Order 8, Rule 7

Reported in : AIR1984SC143; 1998(6)SCALE49; (1984)1SCC369

reliefs claimed for by reason of the subsequent change of circumstances under Order VII, Rule 7 of the Code, on the alleged admission of the defendants in their written statement that the renewed term under the unregistered … judgment of the Andhra Pradesh High Court dated July 5, 1983 upholding the judgment and decree of the Civil Judge, City Civil Court, Hyderabad dated December 31, 1982 and those of the Third Assistant Judge, City Civil … the subsequent change of circumstances under Order VII, Rule 7 of the Code, on the alleged admission of the defendants in their written statement that … to be registered as required under Section 17(1)(d) of the Registration Act, 1908. Clause 9 of the agreement provided that the defendant No. 1 shall … tenancy on the ground of forfeiture under Section 111(g) of the Act complaining of breach of the

Vithalbhai Pvt. Ltd. Vs. Union Bank of India

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Transfer of Property Act, 1882 - Sections 111; Code of Civil Procedure (CPC) , 1908 - Sections 9 and 80 - Order 7, Rule 11; Limitation Act, 1963 - Sections 3; Specific Relief Act, 1877 - Sections 42; Kerala Buildings (Lease and Rent Control) Act, 1965 - Sections 11(3); Delhi Rent Control Act

Reported in : AIR2005SC1891; 2005(3)ALD6(SC); 2005(1)ARC887; 2005(2)AWC1023(SC); 2005(2)BLJR937; (SCSuppl)2005(2)CHN137; 100(2005)CLT297(SC); 2005(2)CTC582; JT2005(3)SC278; 2005(2)KLT491

nature excepting suits of which their cognizance is either expressly or impliedly barred (See Section 9 of the Code of Civil Procedure, 1908). Section 3 of the Limitation Act, 1963 provides that a suit filed after the prescribed period of limitation, shall … on which the lease was to expire by efflux of time within the meaning of clause (a) of Section 111 of the Transfer of Property Act, 1882. The written statement was filed on 24.8.1994. One of the pleas

Mathew Michael Vs. Tekoy (India) Ltd.

Court : Kerala

Subject : Company

Acts : Companies Act, 1956 - Sections 111, 111(2), 111(3), 111(5A), 155 and 155(4); Securities Contracts (Regulation) Rules, 1957 - Rule 19(3); Code of Civil Procedure (CPC) , 1908 - Sections 100

Reported in : [1990]69CompCas145(Ker)

raised therein and tried separately, an appeal shall lie on the grounds mentioned in Section 100 of the Code of Civil Procedure, 1908,-- (a) if the order be passed by a District Court, to the High Court; (b) if the orders … with Rule 19(3)(e) of the Securities Contracts (Regulation) Rules, 1957, notwithstanding the period of two months provided in Section 111 of the Companies Act, 1956 (3) Whether the listing agreement and the Securities Contracts (Regulation) Rules, 1957, supersede

State of M.P. and Others Vs. Balveer Singh and Others

Court : Madhya Pradesh

Subject : CivilProperty

Acts : Madhya Pradesh Land Revenue Code, 1959 - Sections 2(1), 57, 57(1), 57(2), 57(3), 111, 158(3), 165(6), 166, 168, 168(2), 170(1), 170-A(2), 170-B, 181, 182, 185, 189, 190, 191, 197, 202, 250, 250(1), 250-A, 250-B and 257; Code of Civil Procedure (CPC), 1908 - Sections 9 - Order 1, Rule 3-B; Limitation Act, 1963 - Sections 27 and 29 - Schedule - Articles 64 and 65; States Reorganisation Act, 1956 - Sections 9; Madhya Bharat Jamindari Abolition Act - Sections 3, 4 and 8; Transfer of Property Act, 1882 - Sections 73; Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 - Sections 3 and 4; Specific Relief Act - Sections 9; Madhya Pradesh Land Revenue Code (Amendment) Act, 1992; Constitution of India - Article 141; Madhya Pradesh Land R

Reported in : AIR2001MP268; 2001(3)MPHT255; 2001(2)MPLJ644

a period of one year from the date of such order. (3-a) (a) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (V of 1908) no Civil Court shall, in a civil suit instituted under sub-section (3) on or after … Full Bench necessarily involves the scope, interpretation, effect and implications arising under the provisions contained in Section 57, Section 111 and Section 257 of the Madhya Pradesh Land Revenue Code, 1959. The relevant parts of the aforesaid sections

Hind Rubber Industries Pvt. Ltd. Vs. Tayebhai Mohammedbhai Bagasarwall ...

Court : Mumbai

Subject : TenancyProperty

Acts : Transfer of Property Act, 1882 - Sections 105, 106, 108, 111, 112 and 113; Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 - Sections 12 and 28(1); Bombay Municipal Corporation Act, 1888 - Sections 337, 342, 346, 351 and 354A; Constitution of India - Articles 59, 141 and 592; Rent Restriction Act - Sections 5, 16 and 17; Specific Relief Act, 1963; Buildings (Lease and Rent Control) Act, 1960; Provincial Small Cause Courts Act, 1887; Code of Civil Procedure (CPC), 1908 - Sections 115; Increase of Rent and Mortgage Interest (Restrictions) Act, 1920 - Sections 15(1) and 17(2)

Reported in : AIR1996Bom389; 1996(4)BomCR414; (1996)98BOMLR87

1. In this petition preferred under Section 115 of the Code of Civil Procedure, 1908, the Petitioner who is original defendant No. 1 in the suit, seeks to challenge the order dated 29-11-1991 … avail himself of the benefit of this provision; 10. Lease is determined by any of the modes under Section 111 of the T.P. Act and notice to quit under Section 106 is one of the modes of the

R . C . Fabrics ( P ) Ltd . Vs . Union of India Overruled

Court : Delhi

Subject : Customs

Acts : CODE OF CIVIL PROCEDURE, 1908 - Section 144; CUSTOMS ACT, 1962 - Section 17, CUSTOMS ACT, 1962 - Section 45, CUSTOMS ACT, 1962 - Section 108, CUSTOMS ACT, 1962 - Section 110, CUSTOMS ACT, 1962 - Section 111, CUSTOMS ACT, 1962 - Section 112, CUSTOMS ACT, 1962 - Section 125; INDIAN CONTRACT ACT, 1872 - Section 72, INDIAN CONTRACT ACT, 1872 - Section 129D

of Rs. 5,000/- of this petition to the Petitioner. [Anil Dev Singh and M. Jagannadha Rao, JJ.] -- CODE OF CIVIL PROCEDURE, 1908 - Section 144 -- The petitioner deals in export of polyester shorts. The CIF value of the excess … and without payment of duty by miss declaring the same and hence were liable for confiscation under Section 111(d) and (m) of the Customs Act, 1962.4. Since the petitioner had waived the issue of show cause notice

Duroflex Ltd. Vs. Johnny Mathew

Court : Kerala

Subject : Company

Acts : Companies Act - Sections 10, 10E(1), (1A), (4B) to (4D), 10F, 18, 111, 111(1), 111(2), 111(3), 111(4), 111(5), 111(7), 111(10), 113(4), 155 and 155(1); Limitation Act, 1963 - Sections 3, 4 to 24, 29(2) and 137 - Article 137; Maharashtra Rent Control Act - Sections 18; Telangana Area Tenancy and Agricultural Lands Act; Kerala Private Forests (Vesting and Assignment) Act, 1971 - Sections 8A; Kerala Buildings (Lease and Rent Control) Act, 1965; Companies (Amendment) Act, 1988; Companies (Second Amendment) Act, 2002; Securities Act, 1992; Special Court Act - Sections 9A; Code of Criminal Procedure (CrPC) , 1973 - Sections 195 and 196; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Code of Civil Procedure (CPC) , 1908 - Order 21

Reported in : (2008)2CompLJ314(Ker); [2007]75SCL569(Ker)

appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908). may be admitted after the prescribed period, if the appellant or the applicant satisfies the … An application (appeal) was filed by the first respondent before the Company Law Board, South Region Bench under Section 111(2) of the Companies Act (for short 'the Act') as the company refused to register the transaction of 67,300

Basant Lal and ors. Vs. Dr. Dwarka Prasad Varshney and ors.

Court : Allahabad

Subject : PropertyLimitation

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 60; Limitation Act, 1908 - Schedule - Articles 111 and 132; Transfer of Property Act, 1882 - Sections 55(4)

Reported in : AIR1978All436

of the prohibition contained in clause (m) of the proviso to Sub-section (1) of Section 60 of the Code of Civil Procedure, 1908; and secondly that the suit being one for recovery of unpaid purchase money, it was barred by time … that the suit being one for recovery of unpaid purchase money, it was barred by time under Article 111 of the Indian Limitation Act, 1908 the corresponding Article of the Limitation Act, 1963 being Article 53 which

Safari Cycles Pvt. Ltd. Vs. R.D. Sharma

Court : Delhi

Subject : Intellectual Property RightsCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 10; Trade and Merchandise Marks Act, 1958 - Sections 111 and 111(5)

Reported in : 2003(27)PTC72(Del)

relates to cause of action of infringement shall remain stayed. (ii) Impleadment - Order 1 Rule 10 of Code of Civil Procedure, 1908 - plaintiff application under Order 1 Rule 10 for impleading 'S' as co-plaintiff - person could be imp … 721 in respect of the trademark No. 34820 in clause 12 are finally disposed of as required by Section 111 of Trade and Merchandise Marks Act, 1958 (for short the Act).2. In the application it is alleged that

Pallapothu Narshimha Rao and anr. Vs. Kidanbi Radhakrishnamacharyalu

Court : Andhra Pradesh

Subject : Tenancy

Acts : Andhra Pradesh Buildings (Lease, Rent, Eviction) Control Act, 1960 - Sections 2(6) and 10(2); Transfer of Property Act, 1882 - Sections 111 and 112; Rent Control Act; Code of Civil Procedure (CPC), 1908 - Sections 11 - Order 22, Rule 10

Reported in : AIR1978AP319

Andhra Pradesh Buildings (Lease, Rent, Eviction) Control Act, 1960 and Section 11 and Order 22 Rule 10 of Code of Civil Procedure, 1908 - whether petition for eviction on ground of willful default in payment of rent under Section 10 (2) … determine the lease. It is thus seen that Section 112 which deals with waiver is inseparably linked with Section 111 (g) which deals with forfeiture as it is the forfeiture under S. 111 (g) that is waived under