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Vinod Kimar Kejriwal Vs. Usha Vinod Kejriwal
Mumbai
Mar-20-1992
Family
Hindu Marriage Act, 1955 - Sections 4, 21, 23 and 24; Code of Civil Procedure (CPC), 1908 - Sections 18(2) and 115 - Order 9, Rule 4 - Order 9, Rule 13 - Order 23, Rule 1; Family Courts Act, 1984; Hindu Adoptions and Maintenance Act, 1956
AIR1993Bom160; 1992(2)BomCR648; I(1993)DMC32
law arise for my determination, viz. :(i) Whether pending an application under O. 9, R. 4 of the Code of Civil Procedure, 1908, for restoration of the petition filed by the husband for divorce, can the wife initiate proceedings under S. … borne out by the facts and circumstances of the case. Though 1 am exercising powers of revision, under Section 115 of the Code of Civil Procedure, both the learned Counsel have taken me through some of the correspondence
Tag this Judgment! AI Brief & AskSurendra Kumar Asthana Vs. Smt. Kamlesh Asthana
Allahabad
Aug-31-1973
FamilyCivil
Hindu Marriage Act, 1955 - Sections 21, 24 and 28; Code of Civil Procedure (CPC) , 1908 - Sections 115
AIR1974All110
the High Court all proceedings under the Act shall be regulated, as far as may be, by the Code of Civil Procedure, 1908. Section 28 provides that all decrees and orders made by the court in any proceeding under this Act shall … applies. 2. That this revision is not a proceeding under the Act, but is merely a proceeding under Section 115. Civil Procedure Code arising out of an order passed not under any provision, of the Act but under
Tag this Judgment! AI Brief & AskMukesh Kumar Srivastava Vs. Anant Sahkari Avas Samiti Ltd., Allahabad ...
Allahabad
Sep-16-1998
CivilTrusts and Societies
Uttar Pradesh Co-operative Societies Act, 1965 - Sections 67(2), 68, 70(1), 71(3), 74, 91, 92, 95A, 97, 98, 99 and 100; Code of Civil Procedure (CPC), 1908 - Sections 2(2), 36, 43, 47, 96, 104, 105, 115, 115A and 144 - Order 21, Rule 32 - Order 39, Rule 2A - Order 43, Rule 1; Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 3; Uttar Pradesh Civil Laws (Amendment) Act, 1991; Tamil Nadu Building (Rent and Control) Act, 1960 - Sections 10, 14, 15, 16, 17 and 18; Ajmer Marwara Municipality Regulation, 1925; Ajmer Marwara Municipality Act, 1925 - Sections 93, 93(1), 222(1) and (4) and 234(1)
1999(1)AWC636
Code amounted to a 'decree' within the meaning of the term as defined in Section 2(2) of the Code of Civil Procedure, 1908 as it stood before its amendment by Section 3 of Act 104 of 1976 with effect from 1.2.1976. … clause (c) of Section 92 of the Act would attract related provisions including those contained in Part II, Section 115, C.P.C. and Order XXXIX, Rule 2A of the Code of Civil Procedure. Part II of the Code provides
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Surtyomal Vs. Smt. Chandabai
Madhya Pradesh
May-13-2004
Civil
Code of Civil Procedure (CPC) , 1908 - Sections 115(1); Code of Civil Procedure (CPC) (Amendment) Act, 1999; Madhya Pradesh Accomodation Control Act, 1961 - Sections 23E and 23E(2)
AIR2004MP225; 2004(3)MPLJ438
and follow the same procedure as it does for disposal of a revision under Section 115 of the Code of Civil Procedure, 1908 (V of 1908) as if any such proceeding of the Rent Controlling Authority is of a Court subordinate
Tag this Judgment! AI Brief & AskThe New India Assurance Company Ltd. Vs. Ganga Devi and ors.
Jharkhand
Jul-19-2006
Motor Vehicles
Motor Vehicles Act, 1988 - Sections 96(2), 147, 149, 149(2), 165, 166, 168, 169, 170, 171, 172, 173, 176 and 194(2); Madras Cultivating Tenants Protection Act, 1955; Motor Vehicles Act, 1939 - Sections 96; Code of Civil Procedure (CPC) 1908 - Sections 115; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Code of Civil Procedure (CPC) (Amendment) Act, 2002; Constitution of India - Articles 226 and 227
IV(2006)ACC161; 2006ACJ2857; AIR2007Jhar40
order against which an appeal lies either to the High Court or to the Court subordinate thereto.8. The Code of Civil Procedure, 1908 invests, in all High Courts, revisional jurisdiction. It declares that the High Court may call for the record … M.Y. Eqbal, J.1. This revision application under Section 115 of the Code of Civil Procedure has been filed by the petitioner by New India Assurance Company Limited
Tag this Judgment! AI Brief & AskDeepa Vs. Laly Mathew
Kerala
Nov-21-2002
Civil
Code of Civil Procedure (CPC) , 1908 - Sections 94, 115 and 141 - Order 23 - Order 41 - Order 47
2003(1)KLT87
jurisdiction not vested with it. That section is the foundation of the present section (See Commentaries on the Code of Civil Procedure, 1908 as amended by Act 104 of 1976 (page 505) 9th Edn. Vol. 2 by W.W. Chitaley and V.B, … the suit itself is decided. Hence this is a fit case in which this Court shall interfere under Section 115 C.P.C. and allow the revision petition.4. When the Civil Revision Petition came up for hearing, Sri. T. Krishnanunni,
Tag this Judgment! AI Brief & AskBeni Madho Mishra Vs. Budha Dev Bazaz and ors.
Allahabad
Apr-22-1977
Civil
Code of Civil Procedure (CPC) , 1908 - Sections 115; Code of Civil Procedure (CPC) (Amendment) Act, 1973
AIR1977All384
Laws (Amendment) Act 19 of 1973 provided:--'Substitution of new section for Section 115 For Section 115 of the Code of Civil Procedure, 1908 (5 of 1908), as amended in its application to Uttar Pradesh (hereinafter in this Chapter referred to as
Tag this Judgment! AI Brief & AskSmt. Sabitri Das Vs. Gangadhar Naik and ors.
Orissa
Jun-18-2004
Civil
Code of Civil Procedure (CPC) , 1908 - Sections 115; Code of Civil Procedure (CPC) (Amendment) Act, 1999
98(2004)CLT70
question of law involved is relating to their maintainability in view of Amendment of Section 115 of the Code of Civil Procedure, 1908 (in short 'the Code') by Act 46 of 1999 which came into force with effect from July 1st
Tag this Judgment! AI Brief & AskChandrakant Ratanshi Kothari Vs. Ratanshi Damji Kothari and ors.
Gujarat
Feb-19-1970
Civil
Code of Civil Procedure (CPC), 1908 - Sections 115 - Order 7, Rule 11; Bombay Court-fees Act, 1959 - Sections 5 and 6 - Schedule - Article 5; Court-fees and Suits Valuations - Court - fees Act, 1870 - Sections 7
AIR1971Guj55; (1971)0GLR174
6 - court-fee to be determined accordingly. (ii) Maintainability - Section 115 and Order 7 Rule 11 of Code of Civil Procedure, 1908 - petition under Section 115 for revision of Trial Judge's decision regarding imposition of court-fee - maintainability of
Tag this Judgment! AI Brief & AskVangapalli Sudhakar Rao Vs. State of Andhra Pradesh
Andhra Pradesh
Apr-27-2001
PropertyCivil
Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Rules, 1974 - Rules 16(5 and 7); Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 - Sections 8, 9, 10, 10(3 and 5), 20, 20(3) and 21; Constitution of India - Article 136; Code of Civil Procedure (CPC), 1908 - Sections 65, 115, 152 and 211; Specific Relief Act, 1963 - Sections 31; Employees' Provident Funds and Miscellaneous Provisions Act, 1952
2001(4)ALD90; 2001(4)ALT436
It is well-settled that Section 21 of the Act is in pari materia with Section 115 of the Code of Civil Procedure, 1908 and therefore the High Court should not ordinarily interfere with the finding of facts recorded by the Tribunals
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