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Solapur Social Urban Co-operative Bank Ltd. Vs. Nigam A. Mannan Beskar ...

Court : Mumbai

Subject : Civil

Acts : Maharashtra Code of Civil Procedure (CPC) (Amendment) Act, 1977 - Sections 3; ;Code of Civil Procedure (CPC) (Amendment) Act, 1999 - Sections 32 and 32(1); Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 16, 16(1) and 18; Maharashtra Code of Civil Procedure (CPC) (Amendment) Act, 1970; Maharashtra Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 97 and 97(1); Code of Civil Procedure (CPC) , 1908 - Sections 9, 9A, 9A(1) and 12 - Order 7, Rule 11 - Order 14, Rule 2 - Order 21, Rule 72 - Order 38 - Order 39 - Order 40, Rule 9A; Constitution of India - Articles 246 and 254

Reported in : 2006(4)BomCR217

J.1. The question of law that arises in this writ petition is : Whether Section 9-A of the Code of Civil Procedure, 1908 in relation to its application in the State of Maharashtra as introduced therein by the Code of Civil … 32 of the Code of Civil Procedure (Amendment) Act, 1999 (Central Act No. 46 of 1999) and/or by Section 16 of the Code of Civil Procedure (Amendment) Act, 2002 (Central Act No. 22 of 2002.)2. I have heard

Bharamu Subrao Patil Vs. Narsingrao Gurunath Patil

Court : Mumbai

Subject : Election

Acts : Representation of People Act, 1951 - Sections 8, 36(2), 53, 65, 67-A, 80A, 81(1), 82, 83(1), 86(1), 100(1) and 117; Code of Criminal Procedure (CrPC) , 1973 - Sections 304 and 389(1); Code of Civil Procedure (CPC), 1908 - Order 6, Rules 15 and 16; Bombay High Court (Original Side) Rules, 1980 - Rules 44 and 45; Indian Penal Code (IPC), 1860 - Sections 147, 148, 149, 324, 325, 504 and 506; Protection of Civil Rights Act, 1955 - Sections 7(1); Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(1 and 10); Constitution of India - Article 102(1), 191 and 311(2); Companies Act, 1956 - Sections 267

Reported in : AIR2001Bom104; 2001(2)ALLMR429; 2001(2)BomCR126; (2001)1BOMLR545; 2001(2)MhLj348

1999 be dismissed under section 86(1) of the Representation of Peoples Act, 1951 and/or Order VII of the Code of Civil Procedure, 1908 on the ground that the Petition discloses no cause of action. A few relevant facts may be set … Rebello, J.1. By the present Chamber Summons Respondent has moved this Court to contend that Election Petition No. 16 of 1999 be dismissed under section 86(1) of the Representation of Peoples Act, 1951 and/or Order VII of

Shri Chandreshwar Bhuthanath Devastan of Paroda by Its Special Attorne ...

Court : Mumbai

Subject : Civil

Reported in : (2003)105BOMLR915

including the learned Advocate General to assist us on the issue as to whether Section 100A of the Code of Civil Procedure, 1908, which has been amended by the Code of Civil Procedure (Amendment) Act, 2002 will be prospective in operation … In the said Code of Civil Procedure (Amendment) Act, 2002 there is a provision for repeal and savings. Section 16 provides for repeal and savings which reads as under:-(1) Any amendment, made, or any provision inserted in the

Krishan Radhu vs.the Emmar Mgf Construction pvt.ltd.

Court : Delhi

Subject : Land Acquisition

written statement was closed for the reason the period of 90 days permitted for the purpose under the Code of Civil Procedure, 1908 (CPC) had lapsed. This decision of the Joint Registrar is under challenge by the defendant by chamber appeal … NEW DELHI Reserved on:22. d November, 2016 Pronounced on:21. t December, 2016 CS(OS) 3281/2014 and IA No.7709/2015 (under Section 8 of the Arbitration and Conciliation Act) and OA No.210/2015 KRISHAN RADHU ..... Plaintiff Through: Mr. Alok Kumar, … Temple in terms of apartment buyers agreements executed by the parties on 16.03.2009.2. According to the plaintiff‟s case, the possession of the said two apartments

Foreshore Co-operative Housing Society Limited, a Co-operative Society ...

Court : Mumbai

Subject : PropertyCivil

Acts : Limitation Act, 1963 - Sections 3, 14, 27 and 58; Code of Civil Procedure (CPC) (Amendment) Act, 1999 - Sections 32; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 16; Code of Civil Procedure (CPC) , 1908 - Sections 9, 9A, 115 - Order 2, Rule 2 - Order 7, Rules 6 and 11 - Order 14, Rule 2; Industrial Disputes Act, 1947; Indian Trusts Act, 1882; Maharashtra Rent Control Act, 1999 - Sections 33; Maharashtra Co-operative Societies Act, 1960 - Sections 164

Reported in : 2008(6)ALLMR600; 2009(1)BomCR757; (2008)110BOMLR3696; 2009(2)MhLj28

held that the question of limitation could be tried as a preliminary issue under Section 9A of the Code of Civil Procedure, 1908. The learned Single Judge did not allow the Appellants to claim the benefit of Section 14, Limitation Act, … was decided by the Learned Single Judge, has been repealed by Section 32, CPC (Amendment) Act, 1999 and Section 16, CPC (Amendment) Act, 2002. These amendments repeal any provisions of the Code of Civil Procedure, added by the

icici Limited Vs. Alpine Industries Ltd. and Others

Court : Mumbai

Subject : SICA

Acts : Sick Industries Companies (Special Provisions) Act, 1985 - Sections 16, 17, 22 and 25; Code of Civil Procedure (CPC), 1908 - Order 40, Rule 1 - Order 41, Rule 1; State Financial Corporations Act, 1951

Reported in : AIR1999Bom112; 1999(3)BomCR771; [2001]106CompCas14(Bom)

Court by ad-interim relief granted the prayer appointing Court Receiver with all powers under Order XL, Rule 1 of Civil Procedure Code, 1908. It is further clear that pending possession by the Receiver there was an ad-interim injunction in … mandatory simultaneously to call for information/documents from the informant and such a direction is given, then inquiry under section 16(1) must - for the purposes of section 22 - be deemed to have commenced. Section 22 and the

Anil Kamath Vs. Vasu Naik N.

Court : Karnataka

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 89; Court Fees Act, 1870 - Sections 16; Court Fees (Amendment) Act, 1999

Reported in : ILR2006KAR295

the suit to anyone of the modes of settlement of disputes referred to in Section 89 of the Code of Civil Procedure, 1908 the plaintiff shall be entitled to a certificate from the Court authorising him to receive back from the … whether the petitioner is entitled to the court fee refund or not. My attention ha been invited to Section 16 of the Court Fees Act, 1870 which read as follows:Refund of fee-Where the Court refers the parties to

S. Pl. P. Narayana Chettiar Vs. M. Ar. Annamalai Chettiar

Court : Chennai

Subject : Civil

Acts : Debt Law; Madras Agriculturists Relief Act, 1938 - Sections 19(2); Code of Civil Procedure (CPC) , 1908 - Sections 11; Madras Agriculturists Relief (Amendment) Act, 1948 - Sections 16

Reported in : AIR1953Mad914; (1953)2MLJ174

the decree-holder, apply the provisions of this Act to such decree and shall notwithstanding anything contained in the Code of Civil Procedure, 1908, amend the decree accordingly or enter satisfaction, as the case may be: Provided that all payments made or … made after the Act came into force. But the retrospective operation of Section 19 (2) is controlled by Section 16 of Act 23 of 1948. Section 16 reads as follows:'16. The amendments made by this Act shall apply

iridium India Telecom Ltd. Vs. Motorola Inc.

Court : Supreme Court of India

Subject : Civil Constitution

Acts : Code of Civil Procedure (CPC) 1908 - Sections 2(18), 4(1), 15(1), 15A, 57, 100, 100A, 116 to 120, 122, 123, 124, 125, 126, 127, 128, 129 and 148 - Order 8, Rule 1; Code of Civil Procedure (CPC) (Amendment) , 1976 - Sections 97 and 97(1); Code of Civil Procedure (CPC) , 1877 - Sections 16, 17, 54, 119, 160, 182 to 185, 187, 190, 191, 192, 198 to 206, 261, 409, 579, 632, 638 and 652; Code of Civil Procedure (CPC) , 1882 - Sections 638 and 652; Code of Civil Procedure (CPC) (Amendment)Act, 1895; Code of Civil Procedure (CPC) (Amendment) , 2002 - Sections 16; Code of Civil Procedure (CPC) , 1859; Central Act; Constitution of India - Article 254; High Court Original Side Rules; Punjab Court Act, 1918 - Sections 41

Reported in : AIR2005SC514; 2005(2)ALD34(SC); 2005(5)ALLMR(SC)191; 2005(2)ALT32(SC); 2005(2)AWC1872(SC); 2005(3)BomCR781; (2005)107BOMLR967; (2005)2CALLT59(SC); 2005(1)CTC304; 118(2005)D; 2005 (2) SCC 145

Bombay in a Letters Patent appeal holding that the amended provision of Order VIII Rule 1 of the Code of Civil Procedure 1908 (hereinafter referred to as the 'CPC') would not apply to the suits on the Original Side of the … it shall think fit.'44. Mr. Ram Jethmalani then put forth what he submits is the legal effect of Section 16 of the Amending Act, 2002. In his submission, the legal effect of this provision is to sweep away

Syko Bag Industries, Proprietor, Mr. T.K. Yahoo and Mrs. K. Zubaida Vs ...

Court : Karnataka

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 2(1), 5, 14(1), 19, 28, 34, 35, 36, 37(1) and 37(2); Consumer Protection Act, 1986 - Sections 12, 13, 18 and 22; Arbitration Act, 1940 - Sections 39, 39(1) and 41; Hyderabad Jagirdar Debt Settlement Act - Sections 47 to 49; Karnataka Civil Courts Act, 1964 - Sections 14; Code of Civil Procedure (CPC) , 1908 - Sections 4, 4(1), 16, 41, 96, 100 and 115 - Order 1, Rule 8 - Order 41, Rules 22, 22(1) and 22(4); Consumer Protection Rules - Rule 14; Indian Penal Code (IPC) - Sections 193 and 228; Code of Criminal Procedure (CrPC) - Sections 26 and 195

Reported in : 2007(4)ARBLR452(Kar); ILR2007KAR2673; 2007(5)KarLJ229

applicable to proceedings under the Arbitration Act by Section 41(a) of the Act; the entire body of the Code of Civil Procedure, 1908 has been made applicable to all proceedings before the Court and to all appeals under the Arbitration Act, … same is questioned before this Court inter alia contending that the learned District Judge has wrongly applied Section 16(c) of CPC ignoring the relevant fact, of dispute between the parties involved in the arbitration proceedings, which is