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Prayag Chand Vs. Land Acquisition Officer and anr.

Court : Rajasthan

Subject : Civil

Acts : Land Acquisition Act, 1894 - Sections 18, 23, 26, 26(2) and 54; Rajasthan Court Fee and Suits Valuation Act, 1961 - Sections 20, 46 and 47 - Schedule - Articles 1, 2 and 3; Code of Civil Procedure (CPC) , 1908 - Sections 2, 2(2), 2(14), 26(2), 47, 104, 144 and 476 - Order 43; Displaced Persons (Debts Adjustment) Act, 1951 ; Court Fees Act, 1870 - Sections 8 - Schedule - Article 11; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Land Acquisition (Amendment) Act, 1953 - Sections 26; Requisitioning and Acquisition of Immovable Property Act, 1952 - Sections 11 - Schedule - Articles 3 and 10; Tamil Nadu Court-Fees and Suits Valuation Act, 1955 - Sections 51; Bombay Court Fees Act, 1959 - Sections 11; Madhya Pradesh Court-fees Act - Sections 8

Reported in : RLW2005(2)Raj1234; 2005(3)WLC143

Act used the term 'decree' in the. same sense as it was used in Section 2(2) of the Code of Civil Procedure, 1908. This also shows that the Court Fees Act and the Code of Civil Procedure are more or less … office objection, learned counsel for the appellant volunteered to mention the valuation of the appeal and submitted that Section 46 of Rajasthan Court Fee and Suits Valuation Act, 1961 (hereinafter referred to as 'the Act of 1961') would

Patel Rambhai Bacharbhai and anr. Vs. Patel Dahyabhai Becharbhai and a ...

Court : Supreme Court of India

Subject : Property

Acts : Transfer of Property Act - Sections 55(6); Code of Civil Procedure (CPC), 1908 - Order I, Rule 10; Bombay Agricultural Debtors Relief Act, 1947 - Sections 46 and 56; Bombay Agricultural Debtors Relief Act, 1939 - Sections 17

Reported in : AIR1967SC162; [1966]SuppSCR146

make an application before the 1st August 1947 to the Court for the adjustment of his debts. 13. Section 46. Save as otherwise expressly provided in this Act, the provisions of the Code of Civil Procedure, 1908, shall … and any rules, the Board shall have the same powers as are vested in civil courts under the Code of Civil Procedure, 1908, when trying a suit and in particular in respect of the following matters :- (a) joining any necessary

Yogesh Mallick Vs. Adelaide Afonso

Court : Mumbai

Subject : Tenancy

Reported in : (1989)91BOMLR341

Appellate Board, have been vested with the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, as can be seen from Section 43 of the Act. Then, Section 45 provides for appeals from the … Kamat, J. who dealt with it at the time of admission made it subject to the maintainability qua Section 46 of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968. Further, presumably under the

Katragadda Ramayya and anr. Vs. Kolli Nageswararao and ors.

Court : Andhra Pradesh

Subject : CivilLimitation

Acts : Code of Civil Procedure (CPC), 1908 - Sections 5, 46 and 48 - Order, 7, Rule 7 - Order 21, Rule 53; Limitation Act, 1908 - Sections 4, 9, 15, 18, 19, 22, 29 and 29(2) - Schedule - Articles 181 and 182; ;Andhra Pradesh (Andhra Area) Agriculturists Relief Act, 1938

Reported in : AIR1969AP250

special law - Sections 5, 46 and 48, Order 7 Rule 7 and Order 21 Rule 53 of Code of Civil Procedure, 1908, Sections 4, 9, 15, 18, 19, 22, 29 and 29 (2) and Articles 181 and 182 of Schedule … assumption the learned Advocate for the respondents, Sri Srinivasa Rao contended that by virtue of the proviso to Section 46 Civil P.C. no attachment under that precept can continue for more than 2 months, unless the period of

Shah Keshavlal Motichand Vs. Assistant Judge, Junagadh and ors.

Court : Mumbai

Subject : Constitution

Acts : Debt Law; Saurashtra Agricultural Debtors Relief Act, 1952 - Sections 2(3), 4, 4(1), 5, 5(1), 12(2), 13, 41(2), 44 and 54; Constitution of India - Articles 226 and 227; Saurashtra District and Subordinate Civil Courts Ordinance, 1948 - Sections 17 and 19; Bombay Agricultural Debtors Relief Act, 1939 - Sections 4, 4(3), 7, 7(1), 8, 9, 13, 14, 15, 17, 61, 62(1), 63, 66, 67-A, 75 and 83; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Bombay Agricultural Debtors Relief (Amendment) Act, 1947 - Sections 46; Code of Civil Procedure (CPC), 1908 - Sections 15(1), 18, 46 and 115

Reported in : AIR1959Bom194; (1959)61BOMLR124; ILR1958Bom1282

and any rules, the Board shall have the same powers as are vested in civil Courts under the Code of Civil Procedure, 1908, when trying a suit and in particular in respect of the following matters; (a) joining any necessary or … provisions regarding vesting of certain powers of civil Courts in that authority, but, in the contrary, we find Section 46 regarding the application of the provisions of the Code of Civil Procedure to the proceedings held by him.

Union of India (Uoi) Vs. Parvati Kuwar and ors.

Court : Allahabad

Subject : Direct Taxation

Acts : Code of Civil Procedure (CPC), 1908 - Sections 80, 100 and 101 - Order 21, Rules 58 and 63; Income Tax Act, 1922 - Sections 46(2); Uttar Pradesh Zamindari Abolition and Reforms Act, 1951 - Sections 278, 279 and 280; Limitation Act, 1908 - Schedule - Article 11

Reported in : AIR1965All154

this behalf, he shall for the purpose of recovering the said amount have the powers which under the Code of Civil Procedure, 1908, a Civil Court has for the purpose of the recovery of an amount due under a decree.' 11. … realisation of which a recovery certificate was issued by the Income-tax Officer, Azamgarh to the Collector Ghazipur under Section 46(2) of the Income-tax Act and the Collector of Ghazipur in pursuance of the aforesaid certificate had wrongly

Virina Soorayya Vs. Virina Mallayya and ors.

Court : Andhra Pradesh

Subject : Civil

Acts : Income-tax Act, 1922 - Sections 46(2); Code of Civil Procedure (CPC), 1908 - Order 21, Rule 53; Limitation Act, 1908 - Sections 15 - Schedule - Article 182; Revenue Recovery Act, 1890 - Sections 5

Reported in : AIR1955AP229a; [1955]28ITR362(AP)

- execution of decree - Section 46 (2) of Income Tax Act, 1922, Order 21 Rule 53 of Code of Civil Procedure, 1908, Section 15 and Article 182 of Schedule to Limitation Act, 1908 and Section 5 of Revenue Recovery Act, 1890

Sahu Rajeshwar Nath Vs. Income-tax Officer, C-ward, Meerut and anr.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 29, 46(2); Code of Civil Procedure (CPC) , 1908 - Order 21, Rule 50(2); Partnership Act

Reported in : AIR1969SC667; [1969]72ITR617(SC); [1969]1SCR999

this behalf, he shall, for the purpose of recovering the said amount, have the powers which under the Code of Civil Procedure, 1908 (V of 1908), a Civil Court has for the purpose of the recovery of an amount due under … 1922 (hereinafter called 'the Act'). It appears that the Income-tax Officer forwarded a certificate to the Collector under Section 46(2) of the Act for recovery of the tax due and the case of the appellantis that he learnt

C. Dhanalakshmi Ammal Vs. Income-tax Officer, Ii Additional City Circl ...

Court : Chennai

Subject : Direct Taxation

Acts : Income-tax Act, 1922 - Sections 46 and 46(2); Madras Revenue Act, 1864 - Sections 5, 25 and 26; Code of Civil Procedure (CPC) , 1908 - Sections 9 - Order 21, Rules 58 and 63; Constitution of India - Article 226

Reported in : AIR1957Mad376

25 and 26 of Madras Revenue Act, 1864, Section 9 and Order 21 Rules 58 and 63 of Code of Civil Procedure, 1908 and Article 226 of Constitution of India - petition to restrain Income Tax Officer from attaching properties for … was issued by the Income-tax Officer, the first respondent, to the Collector of Nilgiris (the second respondent) under Section 46(2) of the Indian Income-tax Act The Collector, in pursuance of this certificate,' proceeded under Sec. 27 of the

Chloro Controls (i) Pvt Ltd. Vs. Severn Trent Water Purification Inc. ...

Court : Supreme Court of India

Subject : Arbitration and Conciliation

Acts : Arbitration and Conciliation Act, 1996 - Sections 44, 45, 46, 47, 48, 49, 8, 5, 9, ; Companies Act - Section 433(J); Code Of Civil Procedure (CPC), 1908 - Section 9; Arbitration Act, 1940 - Section 34; Foreign Awards (Recognition and Enforcement) Act, 1961 - Section 3

the following contentions : 1. There is inherent right conferred on every person by Section 9 of the Code of Civil Procedure, 1908, (for short ‘CPC’) to bring a suit of a civil nature unless it is barred by a statute … provisions of the Convention, then it shall be binding and enforceable in accordance with the provisions of Sections 46 to 49 of the 1996 Act. The procedure prescribed under Chapter I of Part II is to take