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State of U.P. and ors. Vs. Roshan Singh (Dead) by Lrs. and ors.
Supreme Court of India
Jan-16-2008
Property
Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1954 - Sections 6(1), 10(2), 12, 44, 57A and 107; Consolidation Act; Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 9, Rules 7 and 13 - Order 20, Rule 1
AIR2008SC1190; 105(2008)CLT467(SC); JT2008(1)SC537; 2008(1)SCALE487; (2008)2SCC488; 2008AIRSCW1145
and not to override or evade other express provisions - Impugned order set aside - Appeals allowed. - CODE OF CIVIL PROCEDURE, 1908. Section 151: [Dr. Arijit Pasayat & Aftab Alam, JJ] U.P. Imposition of Ceiling on Land Holdings Act (1/1961), Section … declared as surplus. Thereafter, possession of the surplus land was taken. There is a provision for appeal under Section 12 of the Act. But the respondent-Roshan Singh did not prefer any appeal. On the other hand on 17.2.1984
Tag this Judgment! AI Brief & AskThe State of West Bengal and anr. Vs. Molla Amanulla and ors.
Kolkata
Jul-31-2002
Property
Code of Civil Procedure (CPC) , 1908 - Sections 96, 107 and 107(2) - Order 41, Rules 24 and 33; ;Requisitioning and Acquisition of Immovable Property Act, 1952 - Sections 8, 8(2A), 11, 12 and 15
(2003)1CALLT346(HC)
be followed by the High Court in deciding the appeal. Though the Act had restricted application of the Code of Civil Procedure, 1908 (CPC) in respect of a proceeding under Section 8 of the Act before the Arbitrator and in relation … proceeding under Section 8 of the Act before the Arbitrator and in relation to service of notice under Section 12 and 15 respectively and had provided for the procedure to be followed by the Arbitrator in Section 8
Tag this Judgment! AI Brief & AskNalinakhya Bysack Vs. Shyam Sunder Haldar and ors.
Supreme Court of India
Jan-29-1953
Tenancy
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
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 … that the tenancy had determined ipso facto for non-payment of rent for three consecutive months in terms of section 12(3) of the West Bengal Premises Rent Control Act, 1948. The respondents on the 6th July, 1949, deposited into
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Neyveli Lignite Corporation Ltd. Vs. Rangaswamy and Others
Chennai
Apr-28-1989
Property
Land Acquisition Act, 1894 - Sections 3, 18(1), 20, 25 and 50; Constitution of India - Articles 32, 136 and 226; Code of Civil Procedure (CPC), 1908 - Order 1, Rule 10; Indian Companies Act, 1956 - Sections 4, 5A, 8, 9(3), 10, 11, 12, 19, 21, 26(1), 33B, 38, 53, 54; Land Acquisition (Company) Rules, 1963
AIR1990Mad160
award a judgment within the meaning of Section, Clause (2) and Section 2, clause (9), respectively, of the Code of Civil Procedure, 1908. Part VII of the Act prescribes the procedure for acquisition of land for Companies, and it covers Sections … the interest of such persons in the award to be passed by him. It is specifically declared under section 12 that the award passed by the Land Acquisition Officer is final between the Collector and the Persons interested
Tag this Judgment! AI Brief & AskShivlal Thakershi Gotecha and ors. Vs. the Competent Authority and ors ...
Gujarat
Jun-20-1986
PropertyCivil
Urban Land (Ceiling and Regulation) Act, 1976 - Sections 12(5), 13 and 31; Code of Civil Procedure (CPC), 1908 - Sections 31, 33 and 46 - Order 9
AIR1987Guj155; (1987)1GLR267
procedure which a Civil Court follows in deciding appeals against the decree of an original Court under the Code of Civil Procedure, 1908.' Section 12(1) empowers the State Government to constitute one or more Urban Land Tribunal or Tribunals. Sub-section (4) of
Tag this Judgment! AI Brief & AskSatyawadi S/O Ganpatrao Pimple and Another Vs. Sow. Aruna W/O Ganpatra ...
Mumbai
Dec-23-1999
Service
Maharashtra Employees of Private Schools (Conditions of Service) Regulations Act, 1977 - Sections 3, 5, 7 to 13, 16; Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - Rules 12 and 24; Code of Civil Procedure (CPC), 1908 - Sections 9 and 115 - Order 39; Industrial Disputes Act, 1947 - Sections 2; Industrial Employment (Standing Orders) Act, 1946; Central Excise & Salt Act, 1944 - Sections 11-B; Contempt of Courts Act, 1971 - Sections 13; Constitution of India - Article 227; Specific Reliefs Act, 1963; M.R.T.U. & P.U.L.P. Act, 1971
2000(2)ALLMR305; 2000(3)BomCR182; 2000(2)MhLj322
or supersession will not operate as a bar against filing of a suit under section 9 of the Code of Civil Procedure, 1908, challenging such orders. Referring to the provisions of section 12 of the M.E.P.S. Act, this Court in Rasta
Tag this Judgment! AI Brief & AskMorepen Laboratories Ltd. and ors. Vs. Morgan Securities and Credits P ...
Delhi
Aug-14-2008
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 5, 30, 30(4), 31(7), 34 and 36; Usurious Loans Act, 1918 - Sections 2, 2(3) and 3; Presidency Towns Insolvency Act, 1909 - Sections 9 and 9(2); Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 15 and 22(3); Code of Civil Procedure (CPC) , 1908 - Sections 2(14) and 47; Arbitration Act, 1899 - Sections 15; Arbitration Act, 1940 - Sections 17
2008(3)ARBLR283(Delhi); 2008(105)DRJ408
made to the award within the further grace period of one month, the award became enforceable under the Code of Civil Procedure, 1908 (CPC) in the same manner as a decree of the court. Accordingly, the decree holder prayed in the … of settlement dated 27th May 2003. Thereafter the learned Arbitrator made an Award on 20th June 2003 under Section 30 of the Arbitration and Conciliation Act, 1996 (Act) in terms of the said settlement. 6. The decree … crores for its business operations. The ICD was for a period of 120 days up to 17th January, 2003 and carried interest at 21 per
Tag this Judgment! AI Brief & AskP. Parukutty Amma and anr. Vs. K.M. Ramanunni Nair and ors.
Kerala
Nov-26-1965
PropertyCivil
Code of Civil Procedure (CPC) , 1908 - Sections 115 and 149 - Order 1 Rule 10(2) - Order 7 Rule 11; Madras Court fees and Suits Valuation Act, 1955 - Sections 12(2)
AIR1966Ker150
expressed by Miller J. in his referring order and supporting his view based on Section 140 of the Code of Civil Procedure. 1908. which had by then come into force Miller J. in his referring order. at page 309 of the … to proper fee', i.e., Section 11 deals with decision as to proper fee in the High Court, and Section 12 deals with decision as to proper fee in another Courts Sub-section (1) of Section 12 of the Act
Tag this Judgment! AI Brief & AskAmit Kumar Shaw and anr. Vs. Farida Khatoon and anr.
Supreme Court of India
Apr-13-2005
PropertyCivil
Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 10 - Order 12, Rule 10; Transfer of Property Act, 1882 - Sections 52; Limitation Act, 1877- Sections 22
AIR2005SC2209; 2005(4)ALD98(SC); 2005(5)ALLMR(SC)458; 2005(2)AWC1348(SC); 2005(2)BLJR1273; 2005(5)BomCR690; (SCSuppl)2005(3)CHN83; 2005(4)CTC47; JT2005(5)SC20; 2005(2)KLT80; (2005)11SCC403; MANU/SC/0284/2005; [2005] 3 SCR 509
appeals: '1) Whether on a combined reading of Order 1 Rule 10, Order XXII Rule 10 of the Code of Civil Procedure, 1908 and Section 52 of the Transfer of Property Act, 1882, an application for substitution by a subsequent transferee … is set aside in First Appeal in the year 1992 and no stay application was filed for long 12 years (till 2004) in the Second Appeal, whether a transferee interregnum from the owner/defendant, without knowledge of the
Tag this Judgment! AI Brief & AskHiralal Vithaldas Gujarathi and ors. Vs. Namdeo Mahadu Jadhav
Mumbai
Feb-01-1983
Tenancy
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 12(2); Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 1; Constitution of India - Article 227
1983(2)BomCR71
The plaintiffs claim for mesne profits is also granted. An enquiry under Order XX, Rule 12(1)(c) of the Code of Civil Procedure, 1908 be held, and mesne profits in respect of the suit premises be determined. In the facts and circumstances … did not pay the rent within one month from the receipt of the said notice, as provided under section 12(2) of the Bombay Rent Act. Accordingly, the petitioners filed a suit on October 7, 1972 for an
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