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Shah Keshavlal Motichand Vs. Assistant Judge, Junagadh and ors.
Mumbai
Dec-04-1957
Constitution
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
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 … has called him a Court, we do not find in that statute provisions analogous to the provisions of Section 7 of the Bombay Agricultural Debtors' Relief Act of 1939, viz., the provisions regarding vesting of certain powers of
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 … original plaint : and therefore the suit appears to have been amended, claiming partition under Sub-section (3) of Section 7 of the Hindu Succession Act. 1956 (Central Act 30 of 1956) No doubt there appears to have been
Tag this Judgment! AI Brief & AskSmt. Shilpa Subhash Dhundur Vs. Ratnagiri Nagar Parishad and Others
Mumbai
Nov-13-1998
Election
Maharashtra Local Authority Member Disqualification Act, 1986 - Sections 3 and 7; Constitution of India - Article 226; Code of Civil Procedure (CPC), 1908 - Sections 139 - Order 6, Rules 6, 7 and 15(2)
1999(1)ALLMR286; 1999(1)BomCR287; 1999(1)MhLj524
the said Court empowered to administer oath, and elsewhere, before any officer mentioned in section 139 of the Code of Civil Procedure, 1908'. Shri Desai therefore, submits that as per the Bombay High Court amendment, the petition ought to have been … group of Councillors of the said party in Ratnagiri Municipal Council, made an application in the Collector under section 7 of the Maharashtra Local Authority Member Disqualification Act, stating that the petitioner has incurred disqualification on the ground
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Print Pak Machinery Ltd. Vs. Jay Kay Papers Conveters
Delhi
May-25-1979
Civil
Code of Civil Procedure (CPC), 1908 - Sections 2(1) and 97(1); Delhi High Court Act, 1966 - Sections 7; Delhi High Court (Original Side) Rules, 1967
AIR1979Delhi217; 1979RLR418
that these Rules are made In exercise of the powers conferred by sections 122 and 129 of the Code of Civil Procedure 1908 and section 7 of the Delhi High Court Act 1966'.(4) Chapter Xv of the Original Side Rules deals
Tag this Judgment! AI Brief & AskShafiq Ahmad Vs. Additional District and Sessions Judge and ors.
Allahabad
Dec-13-2002
Tenancy
Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Sections 2(1) and 2(2); Constitution of India - Article 226; Provincial Small Cause Courts Act, 1887 - Sections 25; Code of Civil Procedure (CPC) , 1908 - Sections 7, 96 to 112 and 115 - Order 41, Rules 1 and 22 - Order 45 - Order 50, Rule 1
2003(2)AWC1179
under Section 25 of the Provincial Small Cause Courts Act, Further, in view of Section 7 of the Code of Civil Procedure, 1908, the provisions of Sections 96 to112 and Section 115 of the Code of Civil Procedure are not applicable
Tag this Judgment! AI Brief & AskM/s. Alcon Electronics Pvt. Ltd. Vs. Celem S.A.
Mumbai
Sep-02-2014
MRTP
District Judge 1, Nashik allowing the application filed by the respondent under order 7 rule 11(d) of the Code of Civil Procedure, 1908 and thereby rejecting the plaint. Some of the relevant facts for the purpose of deciding this appeal are … defendant filed an application under order VII rule 11 of the code of civil procedure 1908 read with section 151 of the Code of Civil Procedure 1908 in the said suit inter alia praying for dismissal of
Tag this Judgment! AI Brief & AskChhabil Das Vs. Pappu
Supreme Court of India
Oct-31-2006
Family
Hindu Adoption and Maintenance Act, 1956 - Sections 7 and 8; Code of Civil Procedure (CPC) , 1908 - Order 22, Rule 5
2007(1)AWC593(SC); 2006(5)CTC606; 2006(11)SCALE92
of Jarwali by Pappu, therefore, was in issue in a proceeding under Order XXII Rule 5 of the Code of Civil Procedure, 1908. Order XXII Rule 5 reads thus:5. Determination of question as to legal representative.- When a question arises as … one for injunction. No issue was framed nor could be framed therein as to whether the requirements of Sections 7 and 8 of the Hindu Adoption and Maintenance Act, 1956 had been complied with or not. It
Tag this Judgment! AI Brief & AskSitaram Balu Bhopi Vs. State of Maharashtra
Mumbai
Mar-14-2008
Property
Land Acquisition Act, 1894 - Sections 4, 9, 11, 18, 18(2), 28A, 53 and 54; Limitation Act, 1963; Motor Vehicles Act, 1988 - Sections 158(6) and 166(4); Bombay Court Fees Act, 1959 - Sections 7(1); Land Acquisition (Amendment) Act, 1984 - Sections 25; Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 6, Rule 17 - Order 43, Rule 1A
2008(4)MhLj9
State. The Apex Court held that by virtue of Section 53 of the said Act, the provisions of Code of Civil Procedure, 1908 shall apply to the reference under Section 18 of the said Act and that is why there was … Court granted further enhancement to Rs. 85/- per sq. yard. It will be necessary to refer to paragraph 7 of the decision of the Apex Court which answers the question. The relevant part of the said paragraph
Tag this Judgment! AI Brief & AskBuddhoo Lal and anr. Vs. Mewa Ram
Allahabad
Jan-26-1921
Right to Information
AIR1921All1; 63Ind.Cas.15
what my learned brother Piggott has said and have nothing to add.FINAL Civil Procedure Code (Act V of 1908), Section 115 - Revision--Interlocutory order--'Case,' meaning of--'Decided,' meaning of. - - The application same up for hearing before a … application in revision from the raid order, seeking the interference of this Court under Section 115 of the Code of Civil Procedure. The application same up for hearing before a Bench of two learned Judges of this Court, before whom … Dass 5 Ind. Cas. 331 : 41 A. 602 : 17 A.L.J. 718 : 1 U.P.L.R. (A.) 120. No definition of a case 'or' decided
Tag this Judgment! AI Brief & AskG.V. Ranga Rao and Another Vs. A.P. State Electricity Board Engineers ...
Andhra Pradesh
Aug-31-2001
Trusts and Societies
Code of Civil Procedure (CPC), 1908 - Sections 4, 104, 115, 141 and 151 - Order IX - Order 34, Rule 1 - Order 39, Rules 1, 2, 2-A, 4 and 10 - Order 43, Rule 1; Andhra Pradesh (T.A) Public Societies Registration Act, 1350-F - Sections 11; Constitution of India - Article 226; Hindu Marriage Act, 1955; Hyderabad Public Societies Registration Act - Sections 11; State Financial Corporation Act - Sections 31, 31(1) and (2), 32, 32(1), (6), (7) and (8) and 46-B; Trade Marks Act - Sections 76
2001(5)ALD705; 2001(5)ALT553
the said Act either from an interlocutory order or from a final order passed in the proceedings. The Code of Civil Procedure, 1908 has not been specifically made applicable in relation to a proceeding under the said Act.11. Sections 4 and … have been filed under Order 39, Rules 1 and 2 of the Code of Civil Procedure read with Section 151 is the question referred to this Bench by a learned single Judge of this Court.2. Appellants were … procedure contemplated by the 2nd respondent in terms of his notification dated 7-7-2000.4. In the said proceedings, the appellants also filed an interlocutory application being
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