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Manohar Singh Vs. Shri D.S. Sharma and ors.
Delhi
May-21-2007
Civil
Code of Civil Procedure (CPC) , 1908 - Sections 35B
142(2007)DLT539
the plaintiff. Matter was listed for 27.7.2005.d) On 27.7.2005, after noting the provisions of Section 35B of the Code of Civil Procedure, 1908 and failure of the plaintiff to pay the costs, his suit was dismissed.4. Hence, this present revision petition.5.
Tag this Judgment! AI Brief & AskVernekar Industries Vs. Starit Engineering Co. Pvt. Ltd.
Mumbai
Nov-13-1984
Civil
Code of Civil Procedure (CPC), 1908 - Sections 35A, 35B and 35B(2)
AIR1985Bom253; 1985(2)BomCR119; 1985MhLJ34
is concerned, the statutory object in making express provision like the one available in Section 35 of the Civil Procedure Code, 1908 of which Section 35B is a corollary, is to secure the litigant the expenses incurred by
Tag this Judgment! AI Brief & AskPrakash NaraIn Vs. Additional District Judge and ors.
Allahabad
Oct-28-1980
Civil
Code of Civil Procedure (CPC) , 1908 - Sections 35B
AIR1981All120
are directed to bear their own costs. Civil - non payment of costs awarded - Section 35B of Code of Civil Procedure, 1908 - defendant seeking adjournments and amendments in pleadings - allowed on payment of cost -defendant disabled from prosecuting
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Sagayam Engineering Works Vs. Srivatsa Tube Corporation
Chennai
Dec-14-1988
Civil
Code of Civil Procedure (CPC), 1908 - Sections 35B - Order 9, Rule 13; Limitation Act, 1963 - Sections 5
AIR1989Mad237
made in this order. Civil - condonation of delay - Section 35B and Order 9 Rule 13 of Code of Civil Procedure, 1908 and Section 5 of Limitation Act - petition challenging Order passed by Court below refusing to condone delay
Tag this Judgment! AI Brief & AskArvind Construction Co. and ors. Vs. Union of India and ors.
Delhi
Mar-10-1989
Civil
Code of Civil Procedure (CPC), 1908 - Sections 35B and 358
38(1989)DLT129
and Order 9, Rules 7 and 13 of the Civil Procedure Code, 1908 - There was a failure to pay due to some events, that … in the application, have been controverter by plaintiffs in their reply. (11) The main objection is that under Section 35B of Civil Procedure Code, payment of costs, on the next date following the date of such order, is … filed an application, being I.A. No. 243 of 1987, under Order 9, Rule 7 read with Section 151 of Civil Procedure Code for setting aside the order dated April 2, 1986. (5) Vide order dated October 6, 1987, the
Tag this Judgment! AI Brief & AskMs. Preeti Arora Vs. Vijender Singh Chaudhary
Delhi
Jan-31-2003
Tenancy
Delhi Rent Control Act, 1958 - Sections 14(1); Code of Civil Procedure (CPC) - Sections 35B and 148
2003IIIAD(Delhi)45; 104(2003)DLT95; 2003(67)DRJ683
above i.e. that the consequence of non payment of costs as set out in Section 35-B of the Code of Civil Procedure, 1908 is not automatic and that a discretion still remains with the Trial Judge under Section 148 thereof to … short point for decision in this case is whether the discretion vested in the additional Rent Controller under Section 35B of the Civil Procedure Code read with Section 148 ought not to have been exercised in his favor
Tag this Judgment! AI Brief & AskRoor Singh Vs. Raghbir Singh and ors.
Punjab and Haryana
Sep-24-2002
Civil
Code of Civil Procedure (CPC) , 1908 - Sections 35B
(2003)133PLR216
the Civil Judge (Junior Division), Amritsar dismissing the application of the plaintiff-petitioner filed under Section 35-B of the Code of Civil Procedure, 1908 (for brevity the Code) for striking of the defence of the defendant respondents on their failure to have … of non payment of costs is lost on the date following the date of hearing the rigour of Section 35B of the Code is taken away.6. Having heard the learned counsel for the parties, I am of the
Tag this Judgment! AI Brief & AskAnand Parkash Vs. Bharat Bhushan Rai and anr.
Punjab and Haryana
Jun-03-1981
Civil
Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 35B and 151 - Order 11, Rule 21 - Order 17, Rule 1 - Order 18, Rule 17 - Order 29, Rule 3
AIR1981P& H269
inquiry into the matter and submitted its report to the government of India with the recommendation that the code of Civil Procedure 1908 be thoroughly over hauled and re-enacted. The said report contained a recommendation that a new section namely Section … again. The short question which this full Bench is called upon to decide is whether the provisions of Section 35B of the Code of Civil procedure (hereinafter referred to as the code) are mandatory, and if so, to
Tag this Judgment! AI Brief & AskCommissioner of Customs and Central Excise Vs. Hongo India (P) Ltd. an ...
Supreme Court of India
Mar-27-2009
Excise
Central Excise Act, 1944 - Sections 35, 35(1), 35B, 35B(5), 35C, 35C(1), 35EE, 35EE(1), 35EE(2), 35G, 35G(2), 35H and 35H(1); Limitation Act, 1963 - Sections 3, 4 to 24, 29, 29(2) and 29(3); Indian Contract Act, 1872 - Sections 25; Arbitration and Conciliation Act, 1996 - Sections 34; Arbitration Act, 1940 - Sections 16 and 30; Land Acquisition Act, 1894 - Sections 26 and 54; Kerala Private Forests (Vesting and Assignment) Act, 1971; Code of Civil Procedure (CPC) , 1908 - Sections 110 - Orders 21 and 45; Constitution of India - Articles 214 and 215; ;
(2009)223CTR(SC)225; 2009(236)ELT417(SC); [2009]315ITR449(SC); JT2009(7)SC83; 2009(4)SCALE374; [2009]21STT90; 2009(3)LC1555(SC); (2009)24VST298(SC); 2009(5)SCC791;
appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908, may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he … the aforesaid period of sixty days, allow it to be presented within a further period of thirty days.5. Section 35B speaks about appeals to the Appellate Tribunal. Any person aggrieved by certain decisions/orders passed by the Commissioner of
Tag this Judgment! AI Brief & AskSatyam Computer Services Limited Vs. Venture Global Engineering Llc an ...
Andhra Pradesh
Feb-19-2010
Contract
Arbitration Act, 1940 - Sections 30 and 36; ;Arbitration and Conciliation Act, 1996 - Sections 5, 8(1), 12, 14, 24, 28(2), 31, 33, 34, 34(1), 34(2), 34(3) and 82; ;Indian Companies Act, 1956; ;Evidence Act, 1872 - Section 19; ;Limitation Act, 1963 - Article 158 - Sections 5, 29(2) and 29(3); ;Representation of People Act, 1951 - Section 83(1); ;Code of Civil Procedure (CPC) , 1908 - Sections 28, 31, 35, 35A, 35B, 107, 126, 133, 135, 144, 148A, 149, 151 and 152 - Order 3 - Order 5 - Order 6, Rules 2, 4 and 17 - Order 8, Rules 5(2) and 9 - Order 9 - Order 13 - Order 14, Rule 1, Order 7, Rule 7, Orders 14 to 19, Order24, Order 41; ;Constitution of India - Article 227; ;Karnataka Civil Rules; ;Karnataka Arbitration (Proceedings Before the Courts) Rules, 2001 - Rules 4 and 12; ;Andhra Pr
2010(3)ALT1
the learned Additional Chief Judge, City Civil Court. Venture filed interlocutory application under Order VIII Rule 9 of Code of Civil Procedure, 1908 (CPC) seeking leave to bring on record the additional pleadings relating to certain events of January, 2009. The … as they may be applicable thereto; namely;(i) Sections 28, 31, 35, 35A, 35B, 107, 133, 135, 144, 148A, 149, 151 and 152; and(ii) Orders III, … the additional pleadings in O.P. No. 390 of 2008. The order is impeached mainly on the ground that Section 34 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act or the Act) bars any additional pleadings
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