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Nov 02 1999

A.K. Enterprises, Agra Vs. Sterling Machine Tolls and Another

Court : Allahabad

Decided on : Nov-02-1999

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 2 and 105; Code of Civil Procedure (CPC), 1908 - Sections 2(4), 3, 24, 62, 62(2) and 115; Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 8, 8(1) and 8(2); Arbitration and Conciliation Act, 1996 - Sections 2, 34, 42 and 110; General Clauses Act, 1897 - Sections 3; Allahabad High Courts Rules, 1952 - Rule 11; Industrial Disputes Act, 1947 - Sections 7(3); Constitution of India- Article 236; Copyright Act, 1957 - Sections 62

Reported in : 2000(2)AWC897

of the Act which are quoted below :Section 2(1)(e).-- 'District Court' has the meaning assigned to it in Code of Civil Procedure, 1908.Section 105.-- Suit for infringement, etc., to be instituted before District Court--No suit-(a) for the infringement of a registered … the subject-matter of arbitration, had it been the subject-matter of a suit, has been implledly taken away by Section 42 of the Act which is couched in a language fraught with overriding effect. I am conscious of the

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Oct 06 2001

Qari Mohammed Zakir HussaIn and ors. Vs. Municipal Corporation of Grea ...

Court : Mumbai

Decided on : Oct-06-2001

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 9 - Orders 7, Rule 10 and 10A - Order 43 - Rules 1; Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 - Sections 42

Reported in : 2002(2)BomCR98

of the respondents for framing preliminary issue regarding jurisdiction for consideration as required by section 9-A of the Code of Civil Procedure, 1908. On the basis of the said application, following issues were framed by the trial Court which read thus … returning the plaint as presented by the appellants plaintiffs on the ground that the same was barred by section 42 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (hereinafter referred to as 'the Act of

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Dec 01 1966

Kumarika Subarna Rekha Mani Devi and ors. Vs. Ramakrishna Deo and ors.

Court : Andhra Pradesh

Decided on : Dec-01-1966

Subject : Civil

Acts : Andhra Court-fees and Suits Valuation Act, 1956 - Sections 6(4), 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 50(2), 52 and 77 - Schedule - Articles 1 and 3; Orissa Court of Wards Act, 1947 - Sections 53 and 54; Code of Civil Procedure (CPC), 1908 - Sections 2(2), 2(14), 47, 48, 91, 92, 96, 100, 104, 109, 110, 144 and 151 - Order 7, Rules 1, 11 and 13 - Order 9, Rule 2 - Order 21, Rule 63 - Order 43; Indian Court Fees Act, 1870 - Schedule - Articles 1, 11, 17, 17A and 17B; Specific Relief Act, 1877 - Sections 42; Constitution of India - Article 133 and 133(1); Orissa Estates Abolition Act; Orissa Court of Wards (Amendment) Act, 1957; Madras General Clauses Act, 1891; Town and Country Planning Act, 1947; Land Acq

Reported in : AIR1968AP239

from an order inclusive of an order determining any question under Section 47 or Section 144 of the Code of Civil Procedure, 1908, which gave rise to a contention that this amendment did not adhere to the definition of 'order' under … is well settled that the poweri of Courts in India to grant declaratory decrees is governed entirely by Section 42 of the Specific Relief Act, corresponding to Section 34 of Act 47 of 1963 But where a decree

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Apr 24 1991

Harish Chandra (India) Pvt. Ltd. Vs. the Corporation Bank and Others

Court : Delhi

Decided on : Apr-24-1991

Subject : Banking

Acts : Code of Civil Procedure (CPC), 1908 - Sections 80(2) and 88 - Order 39, Rules 1, 2 and 4; Indian Contract Act, 1872 - Sections 7

Reported in : AIR1992Delhi279

contesting party in this suit.4. Along with the suit the plaintiff had moved I-A-1470/89 under S.80 of the Code of Civil Procedure, 1908, for permission to file the present suit without serving any notice under Section 80 of the Code of

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Aug 06 2002

Sasken Communication Technologies Limited Vs. Prime Telesystems Limite ...

Court : Delhi

Decided on : Aug-06-2002

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 9, 11, 11(4) and 42; ;Constitution of India - Articles 2.1, 2.1.8, 32.2, 36.1 and 37.1; Code of Civil Procedure (CPC) , 1908 - Sections 20

Reported in : 99(2002)DLT640; [2003]41SCL292(Delhi)

by one of the parties. 9. The legal proposition is well settled that under Section 20 of the Code of Civil Procedure 1908 a choice of forum can be made by the parties to an Agreement but subject to the condition … against respondent No. 1 pleading that the High Court of Bombay had jurisdiction in the matter. Referring to Section 42 of the Act it is contended that in view of the filing of an application under Section 9

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Aug 29 1997

Bhimrao Sambhaji Linge and Others Vs. Hanumant Anandrao Pawalkar and A ...

Court : Mumbai

Decided on : Aug-29-1997

Subject : Civil

Acts : Specific Relief Act, 1963 - Sections 37 and 38; Code of Civil Procedure (CPC), 1908 - Sections 9; Maharashtra Irrigation Act, 1976 - Sections 32, 42, 70, 71, 76, 103, 104 and 109; Bombay Irrigation Act, 1879 - Sections 26; Code of Civil Procedure (CPC), 1908 - Sections 109; Sales Tax Act, 1932; Limitation Act, 1963

Reported in : 1998(2)ALLMR193; 1998(3)BomCR298; 1997(3)MhLj769

of summoning and examining witnesses and production of documents as are conferred on the Civil Court by the Code of Civil Procedure, 1908. In other words certain powers pertaining to summoning and examining witnesses and production of documents which are conferred … of water in the canal and all other incidental issues. It is pointed out that in terms of section 42 of the Maharashtra Irrigation Act in an event a dispute arises, such dispute has to be decided by

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May 04 1970

Ram Lochan Vs. Mahadeo Prasad Singh and ors.

Court : Allahabad

Decided on : May-04-1970

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 11, 42, 47 and 51 - Order 21, Rule 82; Uttar Pradesh Code of Civil Procedure (CPC) (Amendment) Act, 1954; Uttar Pradesh Civil Laws (Reforms and Amendment) Act, 1954 - Sections 3; Constitution of India - Article 226

Reported in : AIR1970All544

to costs. Civil - power of executing Court - Sections 42, 51 and Order 21 Rule 82 of Code of Civil Procedure, 1908 - whether Court to which decree is transferred has jurisdiction to execute decree - property attached in execution … the case of 'Suraj Bux Singh v. Badri Prasad, reported in : AIR1968All153 to hold that the amended Section 42, Civil P. C. would apply only to decrees passed after the U. P. Civil Laws (Reforms and Amendment)

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Oct 20 2003

K.V.K. Amarnath Vs. Smt. Lakshmidevamma

Court : Karnataka

Decided on : Oct-20-2003

Subject : CivilTenancy

Acts : Karnataka Rent Act, 1999 - Sections 42, 42(1) and 42(3); Karnataka Rent Rules, 2001 - Rule 33; Code of Civil Procedure (CPC) , 1908 - Order 5, Rule 2, - Order 8, Rule 11

Reported in : ILR2004KAR310

by these rules, the Court shall as far as possible be guided by the provisions contained in the Code of Civil Procedure, 1908". (Underlining is mine) The Court -below on noticing that the statement of objections filed by the petitioner - … the provisions of special statute will prevail over general law in respect of matters governed by the statute. Section 42 of the Act prescribes in general what course the Court should follow while conducting proceedings under the Act.

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Jul 07 1960

Maharaj Kumar Mahmud Hasan Khan Vs. Moti Lal Banker

Court : Allahabad

Decided on : Jul-07-1960

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 38, 42 and 47 - Order 20, Rule 11(2) - Order 21, Rule 2 - Order 23, Rules 3 and 4

Reported in : AIR1961All1

Order 20 Rule 11 Sub-rule 2, Order 21 Rule 2 and Order 23 Rule 3 and 4 of Code of Civil Procedure ,1908 - Court executing a decree cannot put a liability more than as ascertained by the decree - held, … by the Court which passed it or by the Court to which it is sent for execution and Section 42 provides that the Court executing a decree sent to it 'shall have the same powers in executing such

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Jan 20 1956

Sri Sadasib Prakash Brahmachari Vs. the State of Orissa

Court : Supreme Court of India

Decided on : Jan-20-1956

Subject : Trusts and SocietiesConstitution

Acts : Constitution of India - Article 19(1); Orissa Hindu Religious Endowments Act, 1951 - Sections 42(1), 42(7), 44(2) and 79(A); Code of Civil Procedure (CPC), 1908 - Order I, Rule 8

Reported in : AIR1956SC432; 22(1956)CLT235(SC); [1956]1SCR43

enquiry in the manner prescribed and so far as may be, in accordance with the provisions of the Code of Civil Procedure, 1908, relating to the trial of suits and if he is satisfied that in the interests of the proper … can be no doubt that the two sections apply to these Maths. The phrase 'religious institution' occurring in section 42 has been defined as meaning (also) 'a math and endowments attached thereto'. A Math is 'an institution............ succession

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